C.R.S. § 17-27-104 — CO Code / Title 17 / Article 27 / Section 17-27-104
17-27-104. Community corrections programs operated by units of local government, state agen
Status: in_force

17-27-104. Community corrections programs operated by units of local government, state agencies, or nongovernmental agencies. (1) Any unit of local government, or any state agency authorized by this article, may establish, maintain, and operate such community corrections programs as such unit or agency deems necessary to serve the needs of such unit of local government or state agency and offenders who are assigned to such programs by the department of corrections, placed in such programs by the state board of parole, or sentenced to such programs by the court.

(2) Pursuant to provisions of section 17-27-103, any nongovernmental agency may establish, maintain, and operate a community corrections program under a contract with the state of Colorado, a contract with a unit or units of local government, or a contract with other nongovernmental agencies for the purpose of providing services to offenders who are assigned to such programs by the department of corrections, placed in such programs by the state board of parole, or sentenced to such programs by the court.

(3) The administrators of any community corrections program established pursuant to this section shall have the authority to accept or reject any offender referred for placement in such program. Screening procedures shall be developed in cooperation with the community corrections board of the jurisdiction in which such community corrections program is located. Acceptance criteria and screening procedures shall be provided in writing by each community corrections program to each referring agency.

(4) (a) The administrators of each community corrections program established pursuant to this section shall establish conditions or guidelines for the conduct of offenders accepted and placed in such program. Such conditions or guidelines shall not conflict with any conditions or guidelines established pursuant to section 17-27-103 (6) by the community corrections board of the jurisdiction in which such community corrections program is located. Offenders accepted and placed in any community corrections program shall have access to written copies of such conditions or guidelines for the conduct of offenders upon placement in such program.

(b) One such condition shall be that an offender, upon being placed in a community corrections program, shall execute a limited power of attorney to the director, or the director's designee, of the community corrections program with which the offender is being placed. The limited power of attorney shall grant to the director or the director's designee the authority to dispose of moneys the offender has earned since being placed in the program and that have been left in accounts or on deposit with the community corrections program in the event that, after the offender is accepted by the community corrections program, the offender is rejected from such program due to escape. The moneys shall be disposed of for the following purposes and in the following order of priority:

(I) Payment of court-ordered restitution to the victim of the crime committed by the offender;

(II) Payment for the court-ordered support of the offender's dependents;

(III) Payment of fines, offender fees and surcharges, and other court-ordered financial obligations imposed as part of the offender's sentence; and

(IV) Any remaining funds shall be paid into the victims and witnesses assistance and law enforcement fund, established pursuant to section 24-4.2-103, C.R.S., in the judicial district in which the community corrections program is located.

(c) The director of the community corrections program, or the director's designee, shall maintain records of any disbursements of offenders' funds pursuant to this subsection (4).

(d) The limited power of attorney shall be valid until the offender's sentence to community corrections is discharged from community placement by the court.

(5) The administrators of each community corrections program established pursuant to this section shall have the authority to reject after acceptance and terminate the placement of any offender who violates conditions or guidelines established pursuant to subsection (4) of this section, or if any conditions of such offender's placement in the program are not satisfied. If the referring agency does not provide an administrative review process, the community corrections program shall provide an administrative review process for any offender who is rejected after acceptance. If the termination of placement of an offender is initiated by the community corrections program, the referring agency shall be notified immediately to arrange a transfer of custody for such offender. The community corrections program may be required by the referring agency to maintain temporary custody of the offender whose placement is being terminated for a reasonable period of time pending receipt of appropriate transfer orders from the referring agency unless the provisions of subsection (6) of this section apply.

(6) When the administrator of a community corrections program established pursuant to this section, or any other appropriate referring agency, has cause to believe that an offender placed in a community corrections program has violated any rule or condition of such offender's placement in such program, or cannot be safely housed in such program, the administrator or other appropriate authority shall notify the appropriate judicial or executive authority of the facts which are the basis of such administrator's belief. Such administrator may then execute a transfer order to any sheriff, undersheriff, deputy sheriff, police officer, or state patrol officer which authorizes such peace officer to transport the offender to the county jail in the county in which the community corrections program is located and the offender shall be confined in such jail pending a determination by the appropriate judicial or executive authority as to whether the offender should remain in community corrections or be removed therefrom. Such offender shall be confined without bond.

(7) The administrator of any community corrections program established pursuant to this section shall notify a referring agency immediately that an offender has been transferred to a county jail pursuant to subsection (6) of this section. Such notification shall contain the name of the offender and identify the rule or condition of placement violated, and describe such violation, or state the reason the offender cannot be safely housed in the community corrections program.

(8) Upon placement of an offender in a community corrections program, the administrator of the program shall notify local law enforcement agencies of the identity of each such offender.

(9) The administrator of any community corrections program shall document the number of days of residential and nonresidential time completed by each offender sentenced directly to the community corrections program by the court and the time credits granted to such offender pursuant to section 18-1.3-301 (1)(i), C.R.S. If any such offender is rejected after acceptance by the community corrections board or the community corrections program, the program administrator shall provide a written summary of the residential days completed by such offender to the referring agency. If the offender is thereafter committed to the department of corrections, such summary shall be reported to the department of corrections to facilitate the calculation of any time credits pursuant to part 3 or part 4 of article 22.5 of this title.

(10) The administrator of any community corrections program shall enforce any order relating to the payment of restitution, court costs, fees, or community service which is ordered by the sentencing court. Such administrator shall establish a payment contract and schedule for each offender placed in the community corrections program.

(11) The administrator of each community corrections program shall report to the division of criminal justice and the community corrections board of the jurisdiction in which such program is located on the offenders who have escaped from custody as such term is described in section 17-27-106 (1). The division of criminal justice is authorized to prepare forms for these reports.

(12) (a) The administrators of a community corrections program established pursuant to this section may implement a behavioral or mental health disorder screening program to screen the persons accepted and placed in the community corrections program. If the administrators choose to implement a behavioral or mental health disorder screening program, the administrators shall use the standardized screening instrument developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to said section.

(b) (I) Starting on or before July 1, 2023, a community corrections program established pursuant to this section shall develop protocols to identify withdrawal symptoms, determine whether a medical referral is needed, and ensure individuals have access to appropriate medical professionals as necessary. In instances when a medically supervised detoxification appears necessary, community corrections program staff shall assist the individual with accessing a local emergency provider or managed service organization for necessary treatment.

(II) Starting on or before July 1, 2023, a community corrections program established pursuant to this section shall provide medication-assisted treatment. If a community corrections program does not provide medication-assisted treatment, community corrections program staff shall assist the individual with accessing a community-based medication-assisted treatment provider. A community corrections program that does not provide a medication-assisted treatment pursuant to this subsection (12) shall submit a report by July 1, 2023, to the division of criminal justice in the department of public safety describing the barriers to offering the services and what resources are necessary to provide medication-assisted treatment.

(13) The administrator of any community corrections program established pursuant to this section shall not reject any offender referred for placement based on the offender's participation in medication-assisted treatment, as defined in section 23-21-803, or establish any rule or condition or guideline for the conduct of an offender that prohibits or significantly impairs an offender's ability to participate in prescribed medication-assisted treatment.

(14) The administrator of a community corrections program established pursuant to this section shall partner with a county department of human or social services to facilitate enrolling offenders in the program into medicaid, which must include determining whether each offender is enrolled in medicaid upon entry into the community corrections program and, if an offender is not enrolled, determining whether the offender is eligible for medical assistance under medicaid and enrolling each eligible offender in medicaid.
C.R.S. § 17-2-203 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-203
17-2-203. Request for transfer - reformatory to penitentiary
Status: repealed

17-2-203. Request for transfer - reformatory to penitentiary. (Repealed)
C.R.S. § 17-1-104.9 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.9
17-1-104.9. Custody levels for state inmates at private prisons - correctional emergency - d
Status: in_force

17-1-104.9. Custody levels for state inmates at private prisons - correctional emergency - definition. (1) Based upon available appropriations and based upon an annual review by the general assembly, the department is authorized to permanently place state inmates classified as medium custody and below in private contract prisons. Except as otherwise provided in subsection (2) of this section, the department may not place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. This section does not prevent a private contract prison from incarcerating an inmate who has been reclassified to a higher custody designation as a result of an offense committed within the private contract prison. However, it is the intent of the general assembly that the department move any inmate of a higher custody designation out of the private contract prison as soon as space is available at a state-operated correctional facility.

(2) (a) At the request of the executive director, the governor may, in his or her discretion, declare a correctional emergency and by proclamation authorize the department to place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. A proclamation issued under this subsection (2) shall remain in effect for thirty days.

(b) At the request of the executive director, the governor may, in his or her discretion, renew a declaration of correctional emergency and reissue a proclamation in accordance with paragraph (a) of this subsection (2) for one or more additional thirty-day periods as the governor deems appropriate.

(c) For purposes of this section, "correctional emergency" means a riot, a disturbance, a homicide, or inmate violence occurring in a correctional facility or in transit to or from a correctional facility, or a situation involving inmates that presents a clear and immediate danger to the safety, security, and control of the department. "Correctional emergency" does not include inmate overcrowding.
C.R.S. § 17-1-206 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-206
17-1-206. Inmates in custody of the department
Status: in_force

17-1-206. Inmates in custody of the department. The provisions of section 16-11-308, C.R.S., shall apply to inmates placed in a private contract prison pursuant to this part 2.
C.R.S. § 17-18-104 — CO Code / Title 17 / Article 18 / Section 17-18-104
17-18-104. Appropriation to comply with section 2-2-703 - HB 08-1194 - repeal
Status: repealed

17-18-104. Appropriation to comply with section 2-2-703 - HB 08-1194 - repeal. (Repealed)
C.R.S. § 17-1-103.8 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-103.8
17-1-103.8. Executive director - inspector general - investigators - duties
Status: in_force

17-1-103.8. Executive director - inspector general - investigators - duties. (1) The executive director, pursuant to section 13 of article XII of the state constitution, shall appoint a person to the position of inspector general. The person appointed to the position shall report to the executive director and shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S.

(1.5) The executive director, in consultation with the inspector general, shall appoint investigators who shall operate under the inspector general's direct authority. Investigators appointed pursuant to this section shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S.

(2) The inspector general and the investigators under the inspector general's direction have the following duties:

(a) To investigate, detect, and prevent any crimes, criminal enterprises, or conspiracies originating within the department and any crimes, criminal enterprises, or conspiracies originating outside correctional facilities if the crimes, criminal enterprises, or conspiracies are related to the safety and security of correctional facilities, public or private. Evidence obtained by the inspector general or an investigator of any crimes so investigated shall be:

(I) Reported to the applicable local law enforcement agency; or

(II) With the consent of the district attorney, reported directly to the district attorney, attorney general, or United States attorney having jurisdiction over the issue; or

(III) In the case of a city and county, reported immediately to the local law enforcement agency, and the agency may complete the investigation and report the findings to the district attorney having jurisdiction over the city and county.

(b) To investigate, detect, and prevent any violations of administrative regulations or state policy and procedure and any waste or mismanagement of departmental resources and corruption that may occur within the department and any other violation that may be committed by department staff where the violation could affect the performance of staff duties or tend to erode public confidence in the performance of the department;

(c) and (d) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)

(e) To conduct preemployment investigations and integrity interviews of all persons who apply for employment with the department, including employment as contractors and subcontractors. The preemployment investigations and integrity interviews shall ensure that department employees meet the minimum standards set forth by state personnel rules, executive orders, and department policies.

(f) Upon request of a division of the department or a law enforcement agency, to seek out and arrest any fugitive from a correctional facility and to assist a law enforcement agency in the apprehension of fugitives from justice throughout the state.

(2.5) On or before March 1, 2024, and on or before March 1 of each year thereafter, the department shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, regarding the utilization of the services described in subsection (2)(f) of this section during the prior year. The report must include, at a minimum, data on the number of times the inspector general or the investigators under the inspector general's direction were used pursuant to subsection (2)(f) of this section, including the number of investigators required, the time committed to the effort, and the cost.

(3) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)

(4) For purposes of this section, "correctional facilities" includes but is not limited to any facility with which the department has contracted to house offenders who are in the legal custody of the department.

(5) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)
C.R.S. § 17-1-109 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-109
17-1-109. Duties and functions of the warden
Status: in_force

17-1-109. Duties and functions of the warden. (1) The warden of each correctional facility shall exercise the powers and perform the duties and functions assigned to the warden by this article under the supervision and control of the executive director or the executive director's designee.

(2) (a) The warden of each correctional facility should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any person who actively participates in disruptive security-threat group behavior, as defined in paragraph (b) of this subsection (2), so as to prevent contact with other inmates at such facility. The warden should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new security-threat group members from among the general inmate population. Association with an inmate gang or security-threat group alone shall not be sufficient to meet the requirements of this paragraph (a).

(b) For the purposes of this subsection (2), unless the context otherwise requires, "security-threat group" means a group of three or more individuals acting in concert or individually in an activity that is characterized by criminal conduct or conduct that violates the department's code of penal discipline for the purpose of disrupting prison operations, recruiting new members, damaging property, or inflicting or threatening to inflict harm to employees, contract workers, volunteers, or other state inmates.
C.R.S. § 17-1-157 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-157
17-1-157. Appropriation to comply with section 2-2-703 - HB 06-1326 - repeal
Status: repealed

17-1-157. Appropriation to comply with section 2-2-703 - HB 06-1326 - repeal. (Repealed)
C.R.S. § 17-1-158 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-158
17-1-158. Appropriation to comply with section 2-2-703 - SB 06-206 - repeal
Status: repealed

17-1-158. Appropriation to comply with section 2-2-703 - SB 06-206 - repeal. (Repealed)
C.R.S. § 17-18-107 — CO Code / Title 17 / Article 18 / Section 17-18-107
17-18-107. Appropriation to comply with section 2-2-703 - SB 10-128 - repeal
Status: repealed

17-18-107. Appropriation to comply with section 2-2-703 - SB 10-128 - repeal. (Repealed)
C.R.S. § 17-22.5-403 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-403
17-22.5-403. Parole eligibility
Status: repealed

17-22.5-403. Parole eligibility. (1) Any person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony, or a level 1, level 2, level 3, or level 4 drug felony, or any unclassified felony shall be eligible for parole after such person has served fifty percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405. However, the date established by this subsection (1) upon which any person shall be eligible for parole may be extended by the executive director for misconduct during incarceration. The executive director shall promulgate rules and regulations concerning when and under what conditions any inmate's parole eligibility date may be extended. Such rules and regulations shall be promulgated in such a manner as to promote fairness and consistency in the treatment of all inmates.

(2) (a) Notwithstanding subsection (1) of this section, any person convicted and sentenced for second degree murder, first degree assault, first degree kidnapping unless the first degree kidnapping is a class 1 felony, first or second degree sexual assault, first degree arson, first degree burglary, or aggravated robbery, committed on or after June 7, 1990, and before July 1, 2004, which person has previously been convicted of a crime which would have been a crime of violence as defined in section 18-1.3-406, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405.

(b) The provisions of paragraph (a) of this subsection (2) shall not apply to persons sentenced pursuant to part 10 of article 1.3 of title 18, C.R.S.

(c) (I) A person who is convicted as an adult of a class 1 felony following a direct filing of an information or indictment in the district court pursuant to section 19-2.5-801, or transfer of proceedings to the district court pursuant to section 19-2.5-802, or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, which felony was committed on or after July 1, 1990, and before July 1, 2006, and who is resentenced pursuant to section 18-1.3-401 (4)(c), is not entitled to receive any reduction of the person's sentence pursuant to this section.

(II) Repealed.

(2.5) (a) Notwithstanding subsection (1) of this section, any person convicted and sentenced for second degree murder, first degree assault, first degree kidnapping unless the first degree kidnapping is a class 1 felony, first degree arson, first degree burglary, or aggravated robbery, committed on or after July 1, 2004, but before January 1, 2025, shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405.

(b) The provisions of paragraph (a) of this subsection (2.5) shall only apply to:

(I) A person convicted and sentenced for a crime listed in paragraph (a) of this subsection (2.5) that is a class 2 or class 3 felony offense; or

(II) A person convicted and sentenced for a crime listed in paragraph (a) of this subsection (2.5) that is a class 4 or class 5 felony offense, which person has previously been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S.

(3) Notwithstanding subsection (1) or (2) of this section, any person convicted and sentenced for any crime enumerated in subsection (2) of this section, committed on or after June 7, 1990, and before July 1, 2004, who has twice previously been convicted for a crime which would have been a crime of violence as defined in section 18-1.3-406, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence served upon such person, at which time such person shall be referred by the department to the state board of parole which may place such person on parole for a period of time which does not exceed the time remaining on such person's original sentence. For offenses committed on or after July 1, 1993, such person shall be placed on parole for the period of time specified in section 18-1.3-401 (1)(a)(V), C.R.S. Section 17-22.5-402 (2) shall not apply to any such offender.

(3.5) (a) Notwithstanding subsection (1) or (2.5) of this section, any person convicted and sentenced for any crime enumerated in subsection (2.5) of this section, committed on or after July 1, 2004, who has previously been convicted for a crime which would have been a crime of violence as defined in section 18-1.3-406, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence served upon such person, at which time such person shall be referred by the department to the state board of parole which may place the person on parole for the period of time specified in section 18-1.3-401 (1)(a)(V), C.R.S. Section 17-22.5-402 (2) shall not apply to any such offender.

(b) The provisions of paragraph (a) of this subsection (3.5) shall only apply to:

(I) A person convicted and sentenced for a crime listed in paragraph (a) of subsection (2.5) of this section that is a class 2 or class 3 felony offense; or

(II) A person convicted and sentenced for a crime listed in paragraph (a) of subsection (2.5) of this section that is a class 4 or class 5 felony offense, which person has twice previously been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S.

(4) The governor may grant parole to an inmate to whom subsection (2) or (3) of this section applies prior to such inmate's parole eligibility date or discharge date if, in the governor's opinion, extraordinary mitigating circumstances exist and such inmate's release from institutional custody is compatible with the safety and welfare of society.

(4.5) (a) After considering any relevant evidence presented by any person or agency and considering the presumptions set forth in section 17-34-102 (8), the governor may grant early parole to an offender to whom subsection (1) or (2.5) of this section applies when the offender successfully completes the specialized program described in section 17-34-102 if, in the governor's opinion, extraordinary mitigating circumstances exist and the offender's release from institutional custody is compatible with the safety and welfare of society.

(b) When an offender applies for early parole pursuant to paragraph (a) of this subsection (4.5) after having successfully completed the specialized program described in section 17-34-102, the offender shall make his or her application to the governor's office with notice and a copy of the application sent to the state board of parole created in section 17-2-201. The state board of parole shall review the offender's application and all supporting documents and schedule a hearing if the board considers making a recommendation for early parole, at which hearing any victim must have the opportunity to be heard, pursuant to section 24-4.1-302.5 (1)(j), C.R.S. Not later than ninety days after receipt of a copy of an offender's application for early parole, the state board of parole, after considering the presumptions set forth in section 17-34-102 (8), shall make a recommendation to the governor concerning whether early parole should be granted to the offender.

(c) The department, in consultation with the state board of parole, shall develop any necessary policies and procedures to implement this subsection (4.5), including procedures for providing notice to any victim, as required by sections 24-4.1-302.5 (1)(j) and 24-4.1-303 (14), C.R.S., and to the district attorney's office that prosecuted the crime for which the offender was sentenced.

(5) For any offender who is incarcerated for an offense committed prior to July 1, 1993, upon application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole and, if granted, the length of the period of parole. Prior to the parole release hearing, the division of adult parole shall conduct a parole plan investigation and inform the state board of parole of the results of the investigation. If the state board of parole finds an inmate's parole plan inadequate, it shall table the parole release decision and inform the director of the division of adult parole that the parole plan is inadequate. The director of the division of adult parole shall ensure that a revised parole plan that addresses the deficiencies in the original parole plan is submitted to the parole board within thirty days after the notification. The parole board is responsible for monitoring the department's compliance with this provision and shall notify the director of the division of adult parole if a revised parole plan is not submitted to the parole board within thirty days. The state board of parole may set the length of the period of parole for any time period up to the date of final discharge as determined in accordance with section 17-22.5-402. If an application for parole is refused by the state board of parole, the state board of parole shall reconsider within one year thereafter whether such inmate should be granted parole. The state board of parole shall continue such reconsideration each year thereafter until such inmate is granted parole or until such inmate is discharged pursuant to law; except that:

(a) If the inmate applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such inmate once every three years, until the board grants such inmate parole or until such inmate is discharged pursuant to law; or

(b) If the inmate was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such inmate once every five years, until the board grants such inmate parole or until such inmate is discharged pursuant to law.

(6) For persons who are granted parole pursuant to subsection (5) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (6) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination in a parole revocation proceeding that the conditions of parole have been violated, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's sentence, including the remainder of the offender's natural life if applicable, until the discharge date as determined by section 17-22.5-402 or one year, whichever is longer. In computing the period of reincarceration for an offender other than an offender sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the time between the offender's release on parole and return to custody in Colorado for revocation of such parole shall not be considered to be part of the term of the sentence. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.

(7) (a) For any offender who is incarcerated for an offense committed on or after July 1, 1993, upon application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole. The state board of parole, if it determines that placing an offender on parole is appropriate, shall set the length of the period of parole at the mandatory period of parole established in section 18-1.3-401 (1)(a)(V) or 18-1.3-401.5 (2)(a), C.R.S., except as otherwise provided for specified offenses in section 17-2-201 (5)(a), (5)(a.5), and (5)(a.7).

(b) Notwithstanding the provisions of paragraph (a) of this subsection (7), for any sex offender, as defined in section 18-1.3-1003 (4), C.R.S., who is sentenced pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S., for commission of a sex offense committed on or after November 1, 1998, the state board of parole shall determine whether or not to grant parole as provided in section 18-1.3-1006, C.R.S. If the state board of parole determines that placing a sex offender on parole is appropriate, it shall set an indeterminate period of parole as provided in section 18-1.3-1006, C.R.S.

(c) If the state board of parole does not grant parole pursuant to subsection (7)(a) or (7)(b) of this section because it finds an inmate's parole plan inadequate, it shall table the parole release decision and inform the director of the division of adult parole that the parole plan is inadequate. The director of the division of adult parole shall ensure that a revised parole plan that addresses the deficiencies in the original parole plan is submitted to the parole board within thirty days after the notification. The parole board is responsible for monitoring the department's compliance with this provision and shall notify the director of the division of adult parole if a revised parole plan is not submitted to the parole board within thirty days.

(8) (a) For persons who are granted parole pursuant to paragraph (a) of subsection (7) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this paragraph (a) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's mandatory period of parole established in section 18-1.3-401 (1)(a)(V) or 18-1.3-401.5 (2)(a), C.R.S. Any offender who has been reincarcerated due to a parole revocation pursuant to this paragraph (a) shall be eligible for parole at any time during such reincarceration. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. In making any such determination, the state board of parole shall make written findings as to why such offender is no longer in need of parole supervision.

(b) For sex offenders, as defined in section 18-1.3-1003 (4), C.R.S., who are convicted of an offense committed on or after November 1, 1998, and who are granted parole pursuant to paragraph (b) of subsection (7) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the sex offender into the community while recognizing the need for public safety. The conditions for parole for any sex offender shall be established pursuant to section 18-1.3-1006, C.R.S., and section 17-22.5-404 by the state board of parole prior to the sex offender's release from incarceration. Upon a determination in a parole revocation proceeding that the sex offender has violated the conditions of parole, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the sex offender to a place of confinement designated by the executive director for any period of time up to the remainder of the sex offender's natural life. The revocation hearing shall be held and the state board of parole shall make its determination as provided in section 18-1.3-1010, C.R.S. The state board of parole may discharge a sex offender from parole as provided in section 18-1.3-1006 (3), C.R.S.

(9) The state board of parole shall consider the parole of a person whose parole is revoked either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year.
C.R.S. § 17-18-114 — CO Code / Title 17 / Article 18 / Section 17-18-114
17-18-114. Appropriation to comply with section 2-2-703 - HB 14-1037 - repeal
Status: repealed

17-18-114. Appropriation to comply with section 2-2-703 - HB 14-1037 - repeal. (Repealed)
C.R.S. § 17-22.5-303 — CO Code / Title 17 / Article 22.5 / Part 3 / Section 17-22.5-303
17-22.5-303. Parole
Status: in_force

17-22.5-303. Parole. (1) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1979, but before July 1, 1981, the division of adult parole shall provide a one-year period of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety; except that the state board of parole may discharge an offender at any time during the year upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The conditions of parole for any such person shall be established by the state board of parole prior to his release from incarceration. Upon a determination that the conditions of parole have been violated in any parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he was originally received for a period of not more than six months. For second and subsequent revocations of parole, the offender shall be reincarcerated; but in no event shall any such person spend more than one year under parole supervision and reincarceration as provided in this section. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section.

(2) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1981, and before July 1, 1984, the division of adult parole shall provide a one-year period of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety; except that the state board of parole may discharge an offender at any time during the year upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The conditions of parole for any such person shall be subject to section 17-2-201 (5)(b) and (5)(c) prior to his or her release from incarceration; but in no event shall any such person whose initial parole has not been revoked spend more than one year under parole supervision, as provided in this section. Upon a determination that the conditions of parole have been violated in any such parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he or she was originally received for a period of not more than two years; but in no event shall any period of reincarceration, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1.3-401, C.R.S. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section.

(3) The state board of parole, working in conjunction with the department, shall adopt risk assessment guidelines, based upon risk of violence to the general population, to be utilized for determining whether any person sentenced pursuant to the provisions of section 18-1.3-401, C.R.S., for committing a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1984, but before July 1, 1985, may be suitable for release on his or her parole eligibility date or shall be subject to extended parole of up to three years. Such guidelines shall include provisions which take into consideration the progress toward rehabilitation made by the individual as well as the necessity of guarding the welfare of the community.

(4) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1984, but before July 1, 1985, the division of adult parole shall either release an offender on his or her parole eligibility date, pursuant to the determination made by the state board of parole, or shall provide up to three years of parole for any offender who is determined by the state board of parole to present a high risk to the general population upon release from incarceration. For persons who are provided parole, the division of adult parole shall provide a period of up to three years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (4) shall be established pursuant to section 17-2-201 (5)(b) and (5)(c) by the state board of parole prior to his or her release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he or she was originally received for a period of not more than five years. In no event shall any period of reincarceration, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1.3-401, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section.

(5) Pursuant to section 17-2-201 (9)(a), an interview of an inmate who applies for parole, who was sentenced for an offense committed on or after July 1, 1979, may be conducted by one member of the parole board.

(6) Any person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony committed on or after July 1, 1985, shall be eligible for parole after such person has served the sentence imposed less any time authorized for good time earned pursuant to section 17-22.5-301 and for earned time pursuant to section 17-22.5-302. Upon an application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole and, if granted, the length of the period of parole, which may be for a period of up to five years. If an application for parole is refused by the state board of parole, the state board shall reconsider within one year thereafter the granting of parole to such person and shall continue the reconsideration each year thereafter until such person is granted parole or until such person is discharged pursuant to law; except that, if the person applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such person once every three years, until the board grants such person parole or until such person is discharged pursuant to law, or if the person applying for parole was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such person once every five years, until the board grants such person parole or until such person is discharged pursuant to law.

(7) For persons who are granted parole pursuant to subsection (6) of this section, the division of adult parole shall provide a period of up to five years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (7) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for a period of not more than five years. In computing the period of reincarceration for an offender other than an offender sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the time between the offender's release on parole and return to custody in Colorado for revocation of such parole shall not be considered to be any part of the term of the sentence. In no event shall any period of reincarceration and sentence actually served exceed the sentence imposed pursuant to section 18-1.3-401, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.

(8) The state board of parole shall consider the parole of a person whose parole is revoked either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year.
C.R.S. § 17-26-303 — CO Code / Title 17 / Article 26 / Part 3 / Section 17-26-303
17-26-303. Placement in restrictive housing in a local jail
Status: in_force

17-26-303. Placement in restrictive housing in a local jail. (1) A local jail shall not involuntarily place an individual in restrictive housing, including for disciplinary reasons, if the individual meets any one of the following conditions:

(a) The individual is diagnosed with a serious mental illness or is exhibiting grossly abnormal or irrational behaviors or breaks with reality or perceptions of reality indicating the presence of a serious mental illness;

(b) The individual has self-reported a serious mental illness, suicidality, or is exhibiting self-harm, unless a licensed mental health professional or psychiatrist evaluates the individual and finds serious mental illness is not present;

(c) The individual has a significant auditory or visual impairment that cannot otherwise be accommodated;

(d) The individual is pregnant or in the postpartum period;

(e) The individual is significantly neurocognitively impaired by a condition such as dementia or a traumatic brain injury;

(f) The individual is under eighteen years of age; or

(g) The individual has an intellectual or developmental disability.

(2) (a) Notwithstanding the provisions of subsection (1) of this section, an individual who meets one of the conditions described in subsection (1) of this section may be placed in restrictive housing only if:

(I) Any indication of psychological distress is present and:

(A) The local jail offered to transfer the individual to a local health-care facility for treatment, the individual agreed to the transfer, the local jail transferred the individual to the health-care facility, and the health-care facility subsequently discharged the individual;

(B) The local jail offered to transfer the individual to a local health-care facility for treatment, the individual refused, and the jail communicated with a local hospital or other twenty-four-hour mental health crisis facility to determine if the facility would accept the individual for evaluation and mental health treatment, the health-care facility or mental health crisis facility indicated it would accept the individual for mental health evaluation and treatment, the jail transported the individual to the facility, and the facility subsequently discharged the individual; or

(C) The local jail offered to transfer the individual to a local health-care facility for treatment, the individual refused, and the jail communicated with a local hospital or other twenty-four-hour mental health crisis facility to determine if the facility would accept the individual for evaluation and mental health treatment, and the health-care facility or mental health crisis facility refused to accept the individual for mental health evaluation and treatment; and

(II) The individual poses an imminent danger to themselves or others or remains an imminent danger to themselves or others after being discharged from a health-care facility, local hospital, or other twenty-four-hour mental health crisis facility and returns to the local jail; and

(III) No other less restrictive option is available and the individual is not responding to ongoing de-escalation techniques.

(b) When an individual is placed in restrictive housing pursuant to subsection (2)(a) of this section, the local jail shall document the facts and circumstances, including observations and findings of all medical and mental health professionals and local jail staff that lead to placing the individual into restrictive housing, when the local jail staff's observations occurred, any efforts to avoid placement of the individual into restrictive housing, and a description of all alternatives and interventions that were attempted to avoid restrictive housing. The local jail shall also include in the documentation any injuries experienced by the individual and the local jail staff or other medical issues exhibited by the individual in the process of placing the individual in restrictive housing. In circumstances in which the local jail was unable to employ less restrictive alternatives, the local jail shall describe the dangerous, emergent behavior that precluded use of less restrictive alternatives.

(c) The local jail shall notify its medical or mental health professionals in writing when an individual is involuntarily placed in restrictive housing within twelve hours of the placement.

(d) The local jail shall notify the individual's appointed or retained legal representative, designated emergency contact, or legal guardian within twelve hours of the individual's involuntary placement and removal in restrictive housing.

(e) At least twice per hour, a medical or mental health professional or local jail staff shall check, face-to-face or through a window, on an individual involuntarily placed in restrictive housing pursuant to subsection (2)(b) of this section. If the individual is violent, demonstrating unusual or bizarre behavior, or has indicated suicidality or self-harm, the local jail staff shall monitor the individual every fifteen minutes or more frequently, unless a medical or mental health professional recommends more frequent or less frequent checks. At each check for these individuals, the medical or mental health professional or local jail staff shall document a general description of the behaviors observed.

(f) Every twenty-four hours, a medical or mental health professional shall assess, face-to-face, the individual placed in restrictive housing for any psychiatric or medical contraindications to the placement. If the medical or mental health professional observes any contraindications, the professional shall either refer the individual immediately to a mental health professional or refer the individual for emergency medical care. The medical or mental health professional shall document each assessment, including the individual's health status and behavior.

(g) At least every forty-eight hours and more frequently, if possible, a mental health professional shall assess the individual face-to-face for the need for ongoing placement in restrictive housing and document the need for ongoing placement or shall document an opinion that restrictive housing is no longer required.

(h) For any individual who meets one of the conditions described in subsection (1) of this section who is placed in restrictive housing, immediately after placement and throughout the individual's stay in restrictive housing, the local jail shall provide the individual a clear explanation of the reason the individual has been placed in restrictive housing, the monitoring procedures that the local jail will employ to check the individual, the date and the time, when the individual's next court date is, and the behavioral criteria the individual must demonstrate to be released from restrictive housing. The local jail must provide this information to the individual's legal representation and, if the individual gives permission, to a family member or other designated person.

(i) (I) When an individual is placed in restrictive housing pursuant to subsection (2)(a) of this section, the local jail shall not hold the individual in restrictive housing for more than fifteen days in a thirty-day time period without a written court order.

(II) If a local jail wants to hold an individual placed in restrictive housing pursuant to subsection (2)(a) of this section for more than fifteen days in a thirty-day period, the local jail must obtain a written court order. A court shall grant the court order if the court finds by clear and convincing evidence that:

(A) The individual poses an imminent danger to himself or herself or others;

(B) No alternative less-restrictive placement is available;

(C) The jail has exhausted all other placement alternatives; and

(D) No other options exist, including release from custody.

(III) A jail may hold an inmate in restrictive housing that meets the criteria outlined in this subsection (2) for an additional seven days if the local jail files a motion for court order in a timely manner prior to the expiration of the fifteen-day restrictive housing placement and the court's decision is still pending.

(j) The local jail shall supply the individual with basic hygiene necessities, including shaving and showering at least three times per week; exchanges of clothing, bedding, and linen on the same basis as other individuals in the general jail population; access to writing letters or receiving letters; opportunities for visitation; access to legal materials; access to reading materials; a minimum of one hour of exercise five days a week outside of the cell; access to outdoor exercise at least one hour per week, weather permitting; telephone privileges to access the judicial process and to be informed of family emergencies as determined by the local jail; and access to programs and services that include, but are not limited to, educational, religious, and recreational programs and medical, dental, and behavioral health services and medications, unless providing the item, program, or service would endanger the safety of the individual, other inmates or staff, or the security of the local jail. If the local jail does not make any of these allowances, the local jail shall daily document the denial of each item, program, or service with a reason for the denial.

(3) Notwithstanding any other provision of this section, a local jail may place an individual alone in a room or area from which egress is prevented if the confinement is part of a routine practice that is applicable to substantial portions of the jail population. The confinement must be imposed only for the completion of administrative or security tasks and should last no longer than necessary to achieve the task safely and effectively. The local jail shall document when the situation occurs and for how long.

(4) A medical or mental health professional shall assess any individual placed in restrictive housing within twenty-four hours of placement. The professional shall assess for any psychiatric or medical contraindications to the placement. The local jail shall document findings and observed behaviors of the individual.

(5) The local jail shall document the time spent out of cell on a daily basis. The documentation must include all meaningful human contact the individual received while out of cell and any mental or medical services received.

(6) If an individual willingly and voluntarily does not wish to leave his or her cell, the jail is not required to forcefully remove an individual from his or her cell in order to comply with this section. Jail staff shall make a reasonable attempt to persuade and allow the individual to leave his or her cell voluntarily and shall document these attempts when the individual refuses to leave his or her cell.

(7) Each local jail shall produce written policies and procedures in accordance with this part 3 and part 1 of this article 26 and shall post the policies and procedures on the local jail's website.
C.R.S. § 17-23-102 — CO Code / Title 17 / Article 23 / Section 17-23-102
17-23-102. Transfer of recovered inmate
Status: in_force

17-23-102. Transfer of recovered inmate. When the superintendent of an institution or facility in which a person has been placed by transfer from a correctional facility, as provided in section 17-23-101, is of the opinion that the person is stabilized or cannot be safely confined in the institution or facility, it is the duty of the superintendent to give written notice of such recovery or safety concerns to the executive director who shall transfer the person to the place of former commitment for the purpose of serving out his or her sentence, if the same has not expired.
C.R.S. § 17-1-104.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.5
17-1-104.5. Incarceration of inmates from other states - private contract prison facilities
Status: in_force

17-1-104.5. Incarceration of inmates from other states - private contract prison facilities. (1) The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern.

(2) No inmate from a state other than Colorado may be received into the state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state:

(a) Without the express approval of the executive director, which approval shall not be unreasonably withheld; and

(b) Unless the private contract prison facility or a prison facility operated by a political subdivision is designed to meet or exceed the appropriate security level for the inmate.

(3) The department shall develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado as developed by the executive director.

(4) Upon violation of this section, the executive director may rescind his or her approval pursuant to subsection (2) of this section and must provide at least sixty days notice to the contracting parties of the recision.
C.R.S. § 17-10-106 — CO Code / Title 17 / Article 10 / Section 17-10-106
17-10-106. Costs of the action - payment by offender
Status: in_force

17-10-106. Costs of the action - payment by offender. If the court determines that the offender has a sufficient estate to pay the cost of care, the court may also order that such offender pay the costs of any action filed pursuant to this article.
C.R.S. § 17-27.9-105 — CO Code / Title 17 / Article 27.9 / Section 17-27.9-105
17-27.9-105. Evaluation of specialized restitution and community service programs
Status: repealed

17-27.9-105. Evaluation of specialized restitution and community service programs. (1) The director of the division of criminal justice shall conduct annual evaluations of each specialized restitution and community service program under which services are provided pursuant to this article. Evaluations shall include the consideration of the physical facility for each program, the financial operation of each program, and the effectiveness of each program in meeting the goals and requirements set forth in this article. The division of criminal justice shall develop specific evaluation criteria for each specialized restitution and community service program throughout the state after consultation with the local corrections board in the community where such program is located. Any provider that fails to meet the evaluation criteria within a reasonable time shall be subject to the termination of any contract entered into with such provider pursuant to this article.

(2) Repealed.
C.R.S. § 17-24-119 — CO Code / Title 17 / Article 24 / Section 17-24-119
17-24-119. Training and employment by organizations - account for proceeds and wages
Status: in_force

17-24-119. Training and employment by organizations - account for proceeds and wages. (1) The division, after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult parole, is authorized to contract with any corporation, association, labor organization, or private nonprofit organization or with any federal or state agency for the purpose of training or employing offenders who have been committed to the department of corrections or who have been assigned to a community correctional program.

(2) Proceeds and wages due an offender from the sale of products produced by the offender under a program authorized by subsection (1) of this section shall be held in an account maintained by the division and distributed periodically for:

(a) Compensation of the victim of the crime committed by the offender in an amount not to exceed forty percent of the offender's wages for expenses actually and reasonably incurred as a result of the injury to the person or property of the victim, including medical expenses, loss of earning power, and any other pecuniary loss directly resulting from the injury to the person or property or the death of the victim, which a court of competent jurisdiction determines to be reasonable and proper;

(b) Payment of such amounts for the support of the offender's dependents as is deemed appropriate by the division after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult parole;

(c) Establishment of funds in trust for the offender upon his release; except that an amount consistent with the payment plan for existing correctional industries programs shall be allocated by the division to the offender for personal expenses while serving his sentence;

(d) Voluntary payment of such amounts to the victims assistance and law enforcement fund established in section 24-33.5-506, C.R.S., as is deemed appropriate by the division after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult parole.

(3) A portion of said wages and proceeds in an amount determined by the division, but not to exceed twenty percent, may be used to defray the costs incident to the offender's confinement.

(4) The provisions of this section shall apply only to a program established pursuant to this section and not to other programs established pursuant to this article.
C.R.S. § 17-27.8-105 — CO Code / Title 17 / Article 27.8 / Section 17-27.8-105
17-27.8-105. Home detention program - operated by the department of corrections for offenders
Status: in_force

17-27.8-105. Home detention program - operated by the department of corrections for offenders who are paroled. The department of corrections is hereby authorized to develop, administer, and operate a home detention program or to contract with the division of criminal justice of the department of public safety pursuant to section 17-27.8-103 for a home detention program which may be utilized by the state board of parole for an offender as a condition of parole or modified parole.
C.R.S. § 17-1-206.5 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-206.5
17-1-206.5. Preparole release and revocation facility - community return-to-custody facility
Status: repealed

17-1-206.5. Preparole release and revocation facility - community return-to-custody facility. (1) On or before December 1, 2001, the department shall issue a request for proposal for the construction and operation of a private contract prison to serve as a preparole and revocation center, that shall be a level III facility, as described in section 17-1-104.3 (1)(a)(III).

(2) The prison described in subsection (1) of this section shall contain at least three hundred beds and incarcerate any of the following:

(a) Inmates who have not been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S., and who have no more than nineteen months remaining until such inmate's parole eligibility date;

(b) Inmates who have been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S., and who have no more than nine months remaining until such inmate's parole eligibility date; or

(c) Offenders whose parole has been revoked; except that such incarceration shall be for no more than ninety days.

(3) Repealed.
C.R.S. § 17-27.5-101 — CO Code / Title 17 / Article 27.5 / Section 17-27.5-101
17-27.5-101. Authority to establish intensive supervision programs for parolees and community
Status: in_force

17-27.5-101. Authority to establish intensive supervision programs for parolees and community corrections offenders. (1) (a) The department shall have the authority to establish and directly operate an intensive supervision program for any offender not having more than one hundred eighty days remaining until such offender's parole eligibility date and for any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of this title.

(b) The department shall also be authorized to refer for placement to an intensive supervision program operated under the jurisdiction of units of local government under contract with and approved by the department:

(I) Any offender not having more than one hundred eighty days remaining until such offender's parole eligibility date and any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of this title;

(II) Any offender who has met program objectives of a residential community corrections program and who has not more than one hundred eighty days remaining until such offender's parole eligibility date.

(c) The department shall have the authority to contract with community corrections programs and other providers for intensive supervision services subject to the approval of the affected unit of local government. In contracting for such programs, the department shall obtain the advice and consent of affected units of local government and shall consider the needs of the communities and offenders for successful reintegration into communities and the appropriate allocation of resources for effective correction of offenders.

(2) The department may place in an intensive supervision program authorized pursuant to subsection (1) of this section any offender who has been referred to a community corrections program pursuant to section 18-1.3-301 (2)(b), C.R.S., and approved for placement in the program pursuant to section 17-27-103 (5) or section 17-27-104 (3) if the placement will not increase the overall vacancy rate as of June 30, 1995, for the community corrections program.
C.R.S. § 17-24-104 — CO Code / Title 17 / Article 24 / Section 17-24-104
17-24-104. Creation of division of correctional industries and advisory committee - enterpr
Status: repealed

17-24-104. Creation of division of correctional industries and advisory committee - enterprise status of division - duties of committee - sunset review of committee - rules. (1) There is created in the department of corrections the division of correctional industries, which is under the direction of the director of correctional industries, who is appointed by the executive director of the department of corrections pursuant to section 13 of article XII of the state constitution. The division constitutes an enterprise for the purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to the provisions of this section, the division of correctional industries is not a district for purposes of section 20 of article X of the state constitution. The division of correctional industries is a type 2 entity, as defined in section 24-1-105.

(2) (a) There is created the correctional industries advisory committee, which consists of:

(I) The state treasurer for the duration of his term of office;

(II) Four members of the general assembly, two of whom shall be appointed by the speaker of the house of representatives and two of whom shall be appointed by the president of the senate. Of the legislative members appointed, one shall be a member of the minority party of the house of representatives and one shall be a member of the minority party of the senate. The legislative members shall be appointed in January at the beginning of the regular session held in odd-numbered years and shall serve through the legislative biennium.

(III) The director of the office of state planning and budgeting;

(IV) The executive director of the department of personnel;

(V) Two members from affected industries in the business community, who shall be appointed by the governor for terms of three years each;

(VI) Two members from organized labor, who shall be appointed by the governor for terms of three years each;

(VII) The executive director of the department of corrections; and

(VIII) A county sheriff, who shall be appointed by the governor for a term of three years.

(b) Each member holds office until the member's term expires and until a successor is appointed. Any member is eligible for reappointment, but shall not serve more than two consecutive full terms. Except as otherwise provided in section 2-2-326, members of the advisory committee serve without compensation for such services but may be reimbursed for their necessary expenses while serving as members of the board. Any vacancy shall be filled in the same manner as for an original appointment and shall be for the unexpired term. The chair shall be elected by the voting members of the advisory committee from among the appointed members of the general assembly.

(c) Any member appointed by the governor may be removed by the governor and any member appointed by the speaker of the house of representatives or the president of the senate may be removed by the appropriate appointing officer for malfeasance in office, for failure to regularly attend meetings, or for any cause which renders said member incapable of or unable to discharge the duties of his office.

(d) Repealed.

(3) (a) Before any industry is established to utilize the services of prisoners as provided by this article, including but not limited to any industry in a nonstate-owned facility pursuant to section 17-24-125, the advisory committee shall consider the feasibility of establishing such industry and the effect of such establishment on similar industries already established in the state and shall make its recommendations thereon to the director. A majority of the members of the advisory committee at any meeting duly called by the chairman has full power to act upon and resolve any matter or question referred to it by the director.

(b) Repealed.

(4) Repealed.

(5) (a) The advisory committee shall consider the advisability of issuing any revenue bonds and make recommendations in the form of a resolution to the director. A majority of the members of the advisory committee at any meeting duly called by the chairman has full power to act upon and make such recommendations. Any resolution authorizing the issuance of bonds under the terms of this section shall include:

(I) The date of issuance of the bonds;

(II) The maturity date or dates during a period not to exceed thirty years from the date of issuance of the bonds;

(III) The interest rate or rates on, and the denomination or denominations of, the bonds;

(IV) The form of the bond, whether bearer or registered; and

(V) The medium of payment of the bonds and the place where the bonds will be paid.

(b) Any resolution authorizing the issuance of bonds under the terms of this section may:

(I) State that the bonds are to be issued in one or more series;

(II) State a rank or priority of the bonds; and

(III) Provide for redemption of the bonds prior to maturity, with or without premium.

(c) A resolution pertaining to issuance of bonds under this section may contain covenants as to:

(I) The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof;

(II) Such matters as are customary in the issuance of revenue bonds including, without limitation, the issuance and lien position of other or additional bonds; and

(III) Books of account and the inspection and audit thereof.

(d) The committee may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by such committee over any bonds that may be issued thereafter.

(e) Upon issuance of a bond by the division pursuant to the provisions of section 17-24-106.3, any resolution made pursuant to the terms of this section shall be deemed a contract with the holders of the bonds, and the duties of the committee under such resolution shall be enforceable by any appropriate action in a court of competent jurisdiction.

(6) Repealed.
C.R.S. § 17-25-103 — CO Code / Title 17 / Article 25 / Section 17-25-103
17-25-103. Placement limitations
Status: in_force

17-25-103. Placement limitations. No adult felony violent or sex offender shall be placed by the department in a minimum security facility located in any county without first having been placed in at least one more restrictive setting for not less than six months. Said six-month time period shall include any time spent by the inmate in any diagnostic unit operated by the department. The six-month requirement may be waived only with the approval of the executive director.
C.R.S. § 17-23-101 — CO Code / Title 17 / Article 23 / Section 17-23-101
17-23-101. Transfer of an inmate who has a behavioral or mental health disorder or an intel
Status: in_force

17-23-101. Transfer of an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability. (1) (a) The executive director, in coordination with the executive director of the department of human services, may only transfer an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability and who cannot be safely confined in a correctional facility to an appropriate facility operated by the department of human services for observation and stabilization if the department of corrections follows the policy established pursuant to subsection (1)(b) of this section. The costs associated with care provided in the facility operated by the department of human services are charged to the department of human services.

(b) On or before August 1, 2015, the department of corrections shall develop and maintain a policy that provides for due process guarantees prior to the transfer of an inmate who cannot be safely confined in a correctional facility to a facility operated by the department of human services for observation and stabilization.

(2) (Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.)

(3) The executive director of the department of human services may transfer to a correctional facility a person who is receiving care at the Colorado mental health institute at Pueblo or Fort Logan only if the person is serving a sentence to the department.

(4) (Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.)
C.R.S. § 17-26-104.4 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-104.4
17-26-104.4. Incarceration of a person with the capacity for pregnancy - report - definition
Status: in_force

17-26-104.4. Incarceration of a person with the capacity for pregnancy - report - definition. (1) A facility incarcerating a person who is capable of pregnancy, whether operated by a governmental entity or a private contractor, 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 17-26-104.3, and breast pumps approved by the sheriff or the sheriff's designee;

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

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

(II) Human immunodeficiency virus; or

(III) Chronic conditions;

(e) Provide educational information materials for pregnant people who have suffered from:

(I) Trauma or violence, including domestic violence;

(II) Sexual abuse; or

(III) Pregnancy loss or infant loss;

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

(g) 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;

(g.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;

(h) 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;

(i) 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;

(j) 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; and

(k) 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.

(2) As used in this section, unless the context otherwise requires, "facility" means:

(a) A local jail, as defined in section 17-1-102 (7);

(b) A multijurisdictional jail, as described in section 17-26.5-101; or

(c) A municipal jail, as authorized in section 31-15-401 (1)(j).
C.R.S. § 17-1-113.9 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.9
17-1-113.9. Use of administrative segregation for state inmates - reporting
Status: in_force

17-1-113.9. Use of administrative segregation for state inmates - reporting. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2012, and each January 1 thereafter, the executive director shall provide a written report to the judiciary committees of the senate and house of representatives, or any successor committees, concerning the status of administrative segregation; reclassification efforts for individuals diagnosed with behavioral health disorders or intellectual and developmental disabilities, including duration of stay, reason for placement, and number and percentage discharged; and any internal reform efforts since July 1, 2011. The report must include data concerning the placement of individuals in all settings with heightened restrictions, including the total number of placements in each setting, the total number of placements in each setting involving an individual diagnosed with a behavioral health disorder or intellectual or developmental disability, the average duration of stay of an individual in each setting, the reasons for placement in each setting, and the total number of individuals discharged from each setting.

(2) Any cost savings achieved as a result of the implementation of sections 17-22.5-302 (1.3) and 17-22.5-405 (8) shall be appropriated and redirected to the department to support behavior-modification programs, incentive programs, mental health services or programs, or similar efforts designed as viable alternatives to administrative segregation.
C.R.S. § 17-27.5-104 — CO Code / Title 17 / Article 27.5 / Section 17-27.5-104
17-27.5-104. Escape from custody - duties of peace officer or community parole officer - defi
Status: in_force

17-27.5-104. Escape from custody - duties of peace officer or community parole officer - definitions. (1) If an offender fails to remain within the extended limits on the offender's confinement as established under the intensive supervision program; or, having been ordered by the parole board, the executive director, or the administrator of the program to return to the correctional institution, neglects or fails to do so; or knowingly removes or tampers with an electronic monitoring device that the offender is required to wear as a condition of parole, the offender is deemed to have committed the offense of unauthorized absence and shall, upon conviction thereof, be punished as provided in section 18-8-208.2.

(2) When a peace officer or community parole officer has probable cause to believe that an offender has committed unauthorized absence, as described in subsection (1) of this section and section 18-8-208.2, by knowingly removing or tampering with an electronic monitoring device that he or she is required to wear as a condition of parole, the officer shall immediately seek a warrant for the offender's arrest or effectuate an immediate arrest if the offender is in the presence of the officer; except that, before an officer arrests an offender pursuant to this subsection (2), the officer, if practicable, shall determine that the notification of removal or tampering was not merely the result of an equipment malfunction.

(3) Subsequent to any arrest pursuant to subsection (2) of this section, if a peace officer or community parole officer has probable cause to believe that a person has committed the offense of unauthorized absence pursuant to this section, the peace officer or community parole officer shall submit charges to the office of the district attorney for consideration of filing pursuant to section 16-5-205.

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

(a) "Peace officer" means a certified peace officer described in section 16-2.5-102.

(b) "Tampering" has the same meaning as set forth in section 17-1-102 (8.5).
C.R.S. § 17-26-124 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-124
17-26-124. Charges for foreign prisoners
Status: in_force

17-26-124. Charges for foreign prisoners. It is the duty of the board of county commissioners of each county having a jail in this state to establish a rate of charges to be paid for the confinement, safekeeping, and maintenance of prisoners sent from other counties in this state, fugitives from justice, and persons committed by authority of the United States, which rate of charges may be altered, changed, or modified by the board of county commissioners of such county when in their judgment it seems best to do so. The rate so charged shall be subject to the approval of the district court of such county.
C.R.S. § 17-32-103 — CO Code / Title 17 / Article 32 / Section 17-32-103
17-32-103. Definitions
Status: repealed

17-32-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Correctional education program" means the comprehensive competency-based educational and vocational program for persons in the custody of the department developed and implemented pursuant to the provisions of this article in order to ensure that each such person reaches maximum proficiency and readiness for reintegration into society.

(2) and (3) Repealed.
C.R.S. § 17-1-107.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-107.5
17-1-107.5. State criminal alien assistance program cash fund - creation
Status: in_force

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

(2) For the purpose of maximizing revenues in the state criminal alien assistance program cash fund, the governor shall, in connection with an annual request for compensation to the state for incarcerating undocumented criminal aliens pursuant to the federal "Immigration and Nationality Act", 8 U.S.C. sec. 1231 (i), submit to the United States attorney general the average per-inmate cost and the total cost of incarcerating such undocumented criminal aliens for the state fiscal year for which the request is made.
C.R.S. § 17-2-201.5 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-201.5
17-2-201.5. Study of parole system
Status: repealed

17-2-201.5. Study of parole system. (Repealed)
C.R.S. § 17-1-113.1 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.1
17-1-113.1. Administration or monitoring of medications to persons in correctional facilitie
Status: in_force

17-1-113.1. Administration or monitoring of medications to persons in correctional facilities. (1) The executive director has the power to direct the administration or monitoring of medications to persons in correctional facilities, as described in section 25-1.5-301 (2)(a), C.R.S., under the executive director's control, in a manner consistent with part 3 of article 1.5 of title 25, C.R.S.

(2) The executive director may authorize the transfer, delivery, or distribution to a corporation, individual, or other entity, other than a consumer, entitled to possess prescription drugs in an amount that is less than, equal to, or in excess of five percent of the total number of dosage units or drugs dispensed and distributed on an annual basis.
C.R.S. § 17-1-163 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-163
17-1-163. Appropriation to comply with section 2-2-703 - HB 07-1040 - repeal
Status: repealed

17-1-163. Appropriation to comply with section 2-2-703 - HB 07-1040 - repeal. (Repealed)
C.R.S. § 17-26-139 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-139
17-26-139. County jail identification processing unit - personnel authority - repeal
Status: repealed

17-26-139. County jail identification processing unit - personnel authority - repeal. (Repealed)
C.R.S. § 17-1-119 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-119
17-1-119. Lethal perimeter security systems for correctional facilities - governmental imm
Status: in_force

17-1-119. Lethal perimeter security systems for correctional facilities - governmental immunity - limitations. (1) The general assembly hereby finds and declares that the installation and operation of electrified, lethal perimeter security systems at certain state correctional facilities will enhance the safety of the citizens of this state and will result in reduced costs for operating such correctional facilities.

(2) The department is authorized, through its agents and contractors, to design and construct electrified, lethal perimeter security systems at correctional facilities to be managed, operated, supervised, and controlled by the department if the department determines the use of such security systems to be necessary and appropriate.

(3) The department, any agent of the department, or contractor hired by the department for the design and construction of an electrified, lethal perimeter security system at a state correctional facility shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions in regard to any and all claims arising from the design and construction, consistent with the design approved by the department, of the lethal aspect of such security system.

(4) The provisions of subsection (3) of this section shall be construed as a specific exception for independent contractors hired to design and construct electrified, lethal perimeter security systems at state correctional facilities from the general exclusion of independent contractors from the protections of governmental immunity provided in article 10 of title 24, C.R.S.
C.R.S. § 17-42-103 — CO Code / Title 17 / Article 42 / Section 17-42-103
17-42-103. Policies concerning inmates' use of telephones - excessive rates prohibited - tr
Status: in_force

17-42-103. Policies concerning inmates' use of telephones - excessive rates prohibited - transparency of communications services in correctional facilities - report - definitions. (1) The department shall provide voice penal communications services to persons in the department's custody and who are confined in a correctional facility or private contract prison under contract with the department. The department may supplement voice penal communications services with other penal communications services, including, but not limited to, video communication and electronic mail or messaging services. In administering the use of penal communications services, the department shall not receive any revenue, including commissions or fees.

(1.5) In administering the use of penal communications services pursuant to subsection (1) of this section, access to penal communications services must not be limited beyond what is necessary for routine facility operations. The department shall provide penal communications services, excluding video calls or electronic mail or messaging, free of charge to the person initiating and the person receiving the penal communications service, and implement the provision of free penal communication services, excluding video calls or electronic mail or messaging, according to the following timeline:

(a) Beginning September 1, 2023, through June 30, 2024, the department shall cover twenty-five percent of the total penal communications costs;

(b) Beginning July 1, 2024, through June 30, 2025, the department shall cover thirty-five percent of the total penal communications costs; and

(c) Beginning July 1, 2025, and thereafter, the department shall cover one hundred percent of all penal communication costs.

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

(a) "Commission" means any form of monetary payment, thing of value, in-kind payment, gift, exchange of services or goods, fee other than for direct cost recovery, or technology allowance paid to a correctional facility or other government entity by a penal communications service provider.

(b) "Correctional facility" means any building, structure, enclosure, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confined and that is operated by a city, county, city and county, state government, or private entity, including but not limited to a jail or prison.

(c) "Fee" means any amount of money charged to a person for the use of penal communications services in addition to rates. A fee includes extra charges for initiating a call, opening an account, having an account, funding an account, inactivity, closing an account, getting a refund, or receiving a paper bill.

(d) "Penal communications service provider" means a person or company that provides penal communications services.

(e) "Penal communications services" means communications services, including but not limited to telephone, video, or electronic mail or messaging services provided to a correctional facility for use by end users.

(f) "Quarter" means the period of time between the reporting dates of January 1, April 1, July 1, and October 1 of each year.

(g) "Rate" means any predetermined per-minute cost set by the penal communications service provider for the use of penal communications services.

(h) "Revenue" means the money collected from users of communications services.

(i) "Underlying carrier" means a communications service provider that contracts with a penal communications service provider that has entered into a contract to provide communications services to a correctional facility.

(3) (a) Each penal communications service provider shall maintain the records and data specified in this subsection (3)(a) for each correctional facility to which it provides penal communications services. A communications service provider that serves as an underlying carrier is not required to maintain or produce the records and data specified in this subsection (3)(a). On or before January 1, 2022, each penal communications service provider shall submit such records and data in a report to the public utilities commission within fourteen days after the end of each quarter. Except as provided in subsection (3)(b) of this section, the quarterly reports submitted pursuant to this subsection (3)(a) must include:

(I) A copy of the existing contract between the penal communications service provider and the government entity to provide penal communications services to persons in custody in a correctional facility;

(II) The total number of calls made from the correctional facility using the service;

(III) The total minutes for calls made from the correctional facility using the service;

(IV) The revenue collected by the penal communications service provider for providing the services;

(V) A summary of all commissions paid to the correctional facility or any other government entity by the penal communications service provider;

(VI) A copy of the penal communications service provider's unclaimed funds policy;

(VII) The rates charged by the penal communications service provider to persons in custody making telephone calls to persons not in custody, including any rates charged for:

(A) The first minute of an in-state call;

(B) Minutes subsequent to the first minute of an in-state call;

(C) The first minute of an out-of-state call; and

(D) Minutes subsequent to the first minute of an out-of-state call;

(VIII) All fees charged to persons in custody making telephone calls to persons not in custody, including fees charged to:

(A) Initiate a call;

(B) Deposit money into the incarcerated person's account for communications services;

(C) Open, maintain, fund, or close an account with a penal communications service provider;

(D) Receive a refund from a penal communications service provider;

(E) Receive a paper bill from a penal communications service provider; and

(F) Make payments to the penal communications service provider through a third-party company; and

(IX) The total number of consumer complaints related to video quality.

(b) A penal communications service provider is not obligated to provide the public utilities commission with each specific record or data required by subsection (3)(a) of this section if the specific record or data has not changed since the report was submitted in the previous quarter.

(4) No later than thirty days after receipt of the information required by subsection (3) of this section, the public utilities commission shall publish such information on its website in a format that is accessible by the public.

(5) (a) Starting on January 1, 2022, rate caps established by the federal communications commission apply to all in-state debit, prepaid, and collect calls to or from a correctional facility.

(b) To ensure accountability for potential predatory practices by penal communications service providers and to determine the quality of calls to and from correctional facilities, the public utilities commission shall conduct trial tests on a statistically valid sample of penal communications services, document the test results and any subsequent remedial actions taken by the public utilities commission or the penal communications service providers, and consolidate the information into an annual written report published on its website in a format that is accessible by the public.

(c) The public utilities commission shall comply with the following steps when conducting trial tests of penal communications services:

(I) Tests must include trial telephone calls to staff phone numbers not already in the provider's system;

(II) Tests must be conducted biannually to monitor the cost and quality of calls, including how the penal communications service provider is charging and addressing consumer complaints regarding poor quality calls, including dropped calls; and

(III) Tests may be conducted remotely. All correctional facilities shall cooperate with the public utilities commission in conducting tests of penal communications services.

(d) Penal communications service providers shall include the following language prominently on their website: "The public utilities commission (PUC) gives consumers the opportunity to file informal complaints about problems with the communications services that the PUC regulates. Complaints can be filed through https://puc.colorado.gov".

(e) Nothing in this subsection (5) limits or restricts the public utilities commission's authority to regulate rates and charges, correct abuses, or prevent unjust discrimination.
C.R.S. § 17-10-103 — CO Code / Title 17 / Article 10 / Section 17-10-103
17-10-103. Action for reimbursement of cost of care
Status: in_force

17-10-103. Action for reimbursement of cost of care. (1) When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.

(2) In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented such offender's financial status to the sentencing court or that such offender's financial circumstances have changed substantially after sentencing.

(3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the offender's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. If the offender is confined to a local jail or a correctional facility or is under home detention, the court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing the offender to seek employment. The court shall determine the amount which shall be paid by the offender for cost of care, which amount shall in no event be in excess of the per capita cost of maintaining prisoners in the local jail or a correctional facility, the per capita cost of maintaining an offender under home detention, the per capita cost of supervising an offender on probation, or the per capita cost of supervising an offender placed on parole, as the case may be.

(4) After the set-offs for restitution and for maintenance and support as provided in subsection (3) of this section, any amounts recovered pursuant to this section that are available to reimburse the costs of providing medical care shall be used to reimburse the state for the state's financial participation for medical assistance if medical care is provided for the inmate or an infant of a female inmate under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.
C.R.S. § 17-26-133 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-133
17-26-133. Contract provisions - approval by the division of criminal justice
Status: repealed

17-26-133. Contract provisions - approval by the division of criminal justice. (Repealed)
C.R.S. § 17-1-120 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-120
17-1-120. Appropriation to comply with section 2-2-703 - HB 97-1077 and HB 97-1060
Status: repealed

17-1-120. Appropriation to comply with section 2-2-703 - HB 97-1077 and HB 97-1060. (Repealed)
C.R.S. § 17-22.5-402 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-402
17-22.5-402. Discharge from custody
Status: in_force

17-22.5-402. Discharge from custody. (1) No inmate shall be discharged from the department until he has remained the full term for which he was sentenced, to be computed on and after the date upon which the sentence becomes effective and excluding any time the inmate may have been at large by reason of escape therefrom, unless he is pardoned or otherwise released by legal authority.

(2) Notwithstanding subsection (1) of this section, the full term for which an inmate is sentenced shall be reduced by any earned release time and earned time granted pursuant to section 17-22.5-405, except as provided in section 17-22.5-403 (3) and (3.5).

(3) This part 4 shall not apply to any offender to whom section 17-22.5-104 (2)(a), (2)(b), (2)(c), (2)(d)(I), (2)(d)(II), or (2)(d)(III) applies.

(4) A person discharged from a correctional facility without supervision is eligible to receive reentry support services from the department or community-based organizations that receive funding from the department to provide reentry services for up to one year after the person's date of discharge.
C.R.S. § 17-20-119 — CO Code / Title 17 / Article 20 / Section 17-20-119
17-20-119. Discharge - clothes, money, transportation
Status: repealed

17-20-119. Discharge - clothes, money, transportation. (Repealed)
C.R.S. § 17-20-117 — CO Code / Title 17 / Article 20 / Section 17-20-117
17-20-117. Inmate rehabilitation and work
Status: in_force

17-20-117. Inmate rehabilitation and work. Every inmate shall participate in the work most suitable to the inmate's capacity and that promotes the inmate's successful rehabilitation, reentry, and reintegration into the community. Inmates who work in the department are not entitled to any right, benefit, or privilege applicable to employees of the state of Colorado.
C.R.S. § 17-23-103 — CO Code / Title 17 / Article 23 / Section 17-23-103
17-23-103. Transfer to department
Status: repealed

17-23-103. Transfer to department. (Repealed)
C.R.S. § 17-26-110.5 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-110.5
17-26-110.5. Restriction of privileges because of lawsuit filed without justification
Status: repealed

17-26-110.5. Restriction of privileges because of lawsuit filed without justification. (Repealed)
C.R.S. § 17-1-159 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-159
17-1-159. Appropriation to comply with section 2-2-703 - HB 06-1092 - repeal
Status: repealed

17-1-159. Appropriation to comply with section 2-2-703 - HB 06-1092 - repeal. (Repealed)
C.R.S. § 17-22.5-403.7 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-403.7
17-22.5-403.7. Parole eligibility - youthful offender - juvenile offender convicted as adult -
Status: in_force

17-22.5-403.7. Parole eligibility - youthful offender - juvenile offender convicted as adult - definition. (1) As used in this section, "inmate" means a person:

(a) (I) Who is convicted as an adult of a felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801;

(II) Who is convicted as an adult of a felony following transfer of proceedings to the district court pursuant to section 19-2.5-802; or

(III) Who is convicted as an adult of a felony offense and sentenced to the department when the offense for which the person convicted was committed when the person was eighteen years of age or older but less than twenty-one years of age; and

(b) Who is sentenced to life imprisonment with the possibility of parole after serving a period of forty calendar years as provided in section 18-1.3-401 (4)(b), C.R.S.

(2) After considering any relevant evidence presented by any person or agency and considering the presumptions set forth in section 17-34-102 (8), the governor may grant parole to an inmate prior to the inmate's parole eligibility date if, in the governor's opinion, extraordinary mitigating circumstances exist and the inmate's release from institutional custody is compatible with the safety and welfare of society. However, nothing in this section grants the governor the authority to grant early parole pursuant to the provisions of this section to an inmate serving a sentence of life without the possibility of parole.

(3) Upon application for parole by an inmate, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether to grant parole. If the state board of parole determines that placing the inmate on parole is appropriate, the inmate shall remain in the legal custody of the department of corrections for the remainder of his or her life. If an application for parole is refused by the state board of parole, the state board of parole shall reconsider within five years thereafter whether the inmate should be granted parole. The state board of parole shall continue such reconsideration at least once every five years thereafter until the inmate is granted parole.

(4) (a) If the state board of parole grants parole pursuant to subsection (3) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the inmate into the community while recognizing the need for public safety.

(b) The conditions for parole for the inmate under this subsection (4) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to the inmate's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall:

(I) Continue the parole in effect;

(II) Modify the conditions of parole if circumstances then shown to exist require such modifications and set forth those circumstances in writing; or

(III) Revoke the parole and order the return of the inmate to a place of confinement designated by the executive director for any period of time remaining on the inmate's sentence to incarceration.

(c) An inmate who has been reincarcerated due to a parole revocation pursuant to this subsection (4) shall be eligible for parole at any time during the reincarceration.

(5) (a) If an inmate is subsequently reincarcerated pursuant to paragraph (b) of subsection (4) of this section, following reincarceration, the inmate may apply for parole and the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether to grant parole. If the state board of parole refuses the application for parole, the state board of parole shall reconsider within one year thereafter whether the inmate should be granted parole. The state board of parole shall continue such reconsideration each year thereafter, until the board grants the inmate parole.

(b) If the state board of parole grants parole to an inmate pursuant to paragraph (a) of this subsection (5), the provisions of subsection (4) of this section shall apply while the inmate is serving the remainder of the period of parole.

(6) (a) When an offender applies for early parole pursuant to this section after having successfully completed the specialized program described in section 17-34-102, the offender shall make his or her application to the governor's office with notice and a copy of the application sent to the state board of parole created in section 17-2-201. The state board of parole shall review the offender's application and all supporting documents and schedule a hearing if the board considers making a recommendation for early parole, at which hearing any victim must have the opportunity to be heard, pursuant to section 24-4.1-302.5 (1)(j), C.R.S. Not later than ninety days after receipt of a copy of an offender's application for early parole, the state board of parole, after considering the presumptions set forth in section 17-34-102 (8), shall make a recommendation to the governor concerning whether early parole should be granted to the offender.

(b) The department, in consultation with the state board of parole, shall develop any necessary policies and procedures to implement this subsection (6), including procedures for providing notice to any victim, as required by sections 24-4.1-302.5 (1)(j) and 24-4.1-303 (14), C.R.S., and to the district attorney's office that prosecuted the crime for which the offender was sentenced.
C.R.S. § 17-1-119.7 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-119.7
17-1-119.7. Prison population management measures
Status: in_force

17-1-119.7. Prison population management measures. (1) The department shall track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below three percent for thirty consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety. The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections once the vacancy rate exceeds four percent for thirty consecutive days.

(2) (a) If the vacancy rate in correctional facilities and state-funded private contract prison beds falls below three percent for thirty consecutive days, the department shall:

(I) Request the office of community corrections to provide the department with information regarding the location and nature of any unutilized community corrections beds. The office of community corrections shall provide the information within seventy-two hours of the request and on a weekly basis until the office of community corrections receives notification that the vacancy rate exceeds three percent.

(II) Request that the parole board review a list of inmates who are within ninety days of their mandatory release date, have an approved parole plan, and do not require full board review or victim notification pursuant to section 24-4.1-302.5 (1)(j);

(III) Coordinate with the parole board to review the list of inmates who have satisfied conditions for conditional release verified by the department of corrections, do not require full board review or victim notification pursuant to section 24-4.1-302.5 (1)(j), and have satisfied the condition or conditions required for an order to parole; and

(IV) (A) Submit to the parole board a list of eligible inmates with a favorable parole plan who have been assessed to be medium or lower risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2). Except as provided in subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a file review of each inmate on the list and set conditions of release for the inmate within thirty days after receipt of the list and set a day of release no later than thirty days after conducting the file review.

(B) If victim notification is required and a victim wishes to provide input, the parole board shall schedule a hearing in lieu of a file review and set conditions of release for the inmate and a date of release no later than thirty days after conducting the hearing.

(C) If additional information is needed, the parole board may table a decision after the file review or hearing and request additional information from the department. The parole board may grant or deny parole to an applicant, and, if the decision is to deny parole, it must be based on a majority vote of the full board.

(D) An inmate is not eligible for release pursuant to this section if he or she is serving a sentence for an offense enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a class I code of penal discipline violation within the previous twelve months from the date of the list or since incarceration, whichever is shorter; has been terminated for lack of progress or declined in writing to participate in programs that have been recommended and made available to the inmate within the previous twelve months or since incarceration, whichever is shorter; has been regressed from community corrections or revoked from parole within the previous one hundred eighty days; or has a pending felony charge, detainer, or an extraditable warrant.

(E) An inmate is eligible for release pursuant to this subsection (2)(a)(IV) if the inmate is at or past his or her parole eligibility date and is only serving a sentence for a conviction of a level 3 or level 4 drug felony or a class 3, class 4, class 5, or class 6 nonviolent felony offense.

(b) The department may utilize any, all, or a combination of the measures described in subsection (2)(a) of this section when the vacancy rate falls below two percent for thirty consecutive days and until the vacancy rate is above three percent for thirty consecutive days.
C.R.S. § 17-24-122 — CO Code / Title 17 / Article 24 / Section 17-24-122
17-24-122. Agreements for the employment of inmates by private entities
Status: repealed

17-24-122. Agreements for the employment of inmates by private entities. (1) The division, in collaboration with the department, is authorized to enter into agreements with private persons or entities to provide employment opportunities for inmates through external programs. Such agreements are subject to the prior review of the attorney general and the correctional industries advisory committee.

(2) The division, in collaboration with the department, is authorized to enter into agreements subject to state fiscal rules and the prior review of the attorney general that allow for private party financing for equipment, raw materials, training of workers, and operation of industries developed pursuant to the provisions of this section. In any such agreement, the department may provide for the recovery of the costs of providing facilities for the private contractor by requiring the payment of rent for such facilities.

(3) Agreements entered into pursuant to this section must provide that any inmate assigned pursuant to section 17-24-114 (1) to an external program for a private person or entity that made such agreement pursuant to subsection (1) of this section is an employee of the private person or entity and, notwithstanding section 17-24-114 (2), the private person or entity shall pay at least the state minimum wage for the labor performed. Such wages must be paid to the department and shall be held in an account for the inmate. Section 8-40-301 (3) applies to any inmate employed by a private person or entity pursuant to this section.

(4) Repealed.

(5) Out of the inmate's wages, the department shall deduct periodically for the following purposes and in the following order of priority:

(a) Restitution for the victim of the crime committed by the inmate for expenses actually and reasonably incurred as a result of the injury to the person or property of the victim, including medical expenses, loss of earning power, and any other pecuniary loss directly resulting from the injury to the person or property or the death of the victim, which a court of competent jurisdiction determines or has determined to be reasonable and proper;

(a.5) Voluntary payment of such amounts to the victims assistance and law enforcement fund established in section 24-33.5-506, as is deemed appropriate by the executive director of the department;

(b) Payment of such amounts for the support of the inmate's dependents as is deemed appropriate by the executive director of the department, taking into account any court orders for such support; and

(c) Payment of personal expenses of the inmate as deemed appropriate by the executive director.

(6) Any amounts of money that remain in the inmate's account after the deductions made pursuant to this section must be paid to the inmate upon parole or discharge from custody. If an inmate dies prior to discharge from custody and the body goes unclaimed for more than five days, the amount remaining in the inmate's account may be used to defray any costs incurred by the state of Colorado in connection with the burial of the inmate, and any amount remaining after burial costs have been paid or the body has been claimed must be paid to the inmate's estate.

(7) Any agreement entered into pursuant to this section shall provide that appropriate security measures for a state correctional facility shall not be jeopardized due to any operations which result from such agreement.

(8) Repealed.
C.R.S. § 17-1-201 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-201
17-1-201. Duties of department
Status: in_force

17-1-201. Duties of department. (1) The department shall adopt rules and implement a process to issue requests for competitive proposals for the use and development of private contract prisons.

(2) Notwithstanding section 24-1-136 (11)(a)(I), no later than December 1 of each fiscal year, beginning with the 1996-97 fiscal year, the executive director shall submit a report to the speaker of the house of representatives and the president of the senate concerning the status of contracts in effect, and, with respect to completed prisons, the effectiveness of each private contract prison governed by a contract with the department.
C.R.S. § 17-18-120 — CO Code / Title 17 / Article 18 / Section 17-18-120
17-18-120. Appropriation to comply with section 2-2-703 - HB 15-1043 - repeal
Status: repealed

17-18-120. Appropriation to comply with section 2-2-703 - HB 15-1043 - repeal. (Repealed)
C.R.S. § 17-19-101 — CO Code / Title 17 / Article 19 / Section 17-19-101
17-19-101. Visitors at correctional facilities
Status: in_force

17-19-101. Visitors at correctional facilities. (1) Any person who wishes to enter a correctional facility shall be asked, prior to entering the facility, to sign a consent form in which the visitor shall give his consent to be stopped and searched by a person of the same sex and to have his vehicle, if any, searched without probable cause while in the correctional facility. Said form shall be as promulgated by the executive director with the advice of the attorney general. A person who refuses to sign said form shall not be admitted to a correctional facility.

(2) At each entrance to a correctional facility, the executive director shall cause to be displayed at all times in a prominent place a sign in English and in Spanish with a minimum height of two feet and a minimum width of three feet and with each letter to be a minimum of two inches in height, which shall read as follows:

NOTICE

ANY PERSON WHO WISHES TO ENTER THIS CORRECTIONAL FACILITY SHALL BE ASKED, PRIOR TO ENTERING THE FACILITY, TO SIGN A CONSENT FORM IN WHICH SAID PERSON SHALL GIVE HIS CONSENT TO BE STOPPED AND SEARCHED BY A PERSON OF THE SAME SEX AND TO HAVE HIS VEHICLE, IF ANY, SEARCHED WITHOUT PROBABLE CAUSE WHILE IN THE CORRECTIONAL FACILITY. ANY PERSON WHO REFUSES TO SIGN SAID FORM SHALL NOT BE ADMITTED TO THIS CORRECTIONAL FACILITY.

(3) "Correctional facility", as used in this section, means any facility under the supervision of the department in which persons are or may be lawfully held in custody as a result of conviction of a crime.
C.R.S. § 17-1-113 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113
17-1-113. Medical visits - charge to inmates - legislative declaration
Status: repealed

17-1-113. Medical visits - charge to inmates - legislative declaration. (1) (a) The general assembly hereby finds that the procedures for charging inmates a copayment for medical services are confusing to department personnel and, as a result, are inconsistently applied.

(b) The general assembly therefore finds and determines that the department should establish clear and consistent written procedures concerning copayments for medical, dental, mental health, and optometric services rendered to or on behalf of inmates and should require the facilities rendering the services to comply with the procedures, including the maintenance of detailed records regarding the assessment of copayments.

(2) The department shall assess a copayment, in an amount established by written procedures of the executive director pursuant to subsection (4) of this section, not to exceed five dollars per visit, against an inmate's account for every inmate-initiated request for medical or mental health services provided to the inmate by a physician, physician assistant, nurse practitioner, registered nurse, or licensed practical nurse. The department shall assess a copayment, in an amount established by written procedures of the executive director pursuant to subsection (4) of this section, against an inmate's account for every inmate-initiated visit by the inmate to a dentist or optometrist. The amount of the copayment for the dental or optometric services need not be the same as the copayment for medical or mental health services.

(3) The department shall communicate the copayment procedures to every correctional facility that provides medical, dental, mental health, and optometric services to or on behalf of inmates to ensure that all department personnel consistently and regularly assess the required copayment.

(4) The executive director shall establish written procedures relating to medical, dental, mental health, and optometric service copayments, which procedures shall address, but need not be limited to, the following:

(a) The amount of the copayment to be assessed against an inmate's account for inmate-initiated medical services, including but not limited to mental health services, which copayment shall not exceed the direct and indirect costs associated with any type of medical or mental health service that may be rendered;

(b) The amount of the copayment to be assessed against an inmate's account for inmate-initiated dental and optometric services, which copayment shall not exceed the direct and indirect costs associated with any dental or optometric service that may be rendered;

(c) The detailed procedures that department personnel are to follow in assessing the copayments;

(d) The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate, and the public health and safety needs of the institution;

(e) The information to be obtained by department personnel at the time of the inmate's medical, dental, mental health, or optometric visit on a standardized department form, including the inmate's name, the inmate's identification number, the amount of the copayment assessed, if any, the reason for the visit, the type of service rendered, and the basis for any waiver of the copayment; and

(f) The appropriate action that will be taken, consistent with state personnel rules, against department personnel who fail to comply with the copayment procedures.

(5) The department shall monitor the information collected pursuant to paragraph (e) of subsection (4) of this section to ensure that the copayment procedures are being applied consistently to all inmates.

(6) Repealed.
C.R.S. § 17-27.5-105 — CO Code / Title 17 / Article 27.5 / Section 17-27.5-105
17-27.5-105. Duty to report
Status: repealed

17-27.5-105. Duty to report. (Repealed)
C.R.S. § 17-1-166 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-166
17-1-166. Department duties - parole plan - report
Status: in_force

17-1-166. Department duties - parole plan - report. (1) The department shall develop a recommended parole plan for every inmate prior to a parole application hearing or release from prison that includes, at a minimum, an approved sponsor or other housing option and a continuity of care plan if the inmate has higher needs for medical or behavioral health care. The department shall comply with this subsection (1) regardless of whether the inmate can provide the department with the name of a potential parole sponsor. If the department is unable to develop a recommended parole plan, the department shall inform the parole board in writing and include a list of options that have been explored but have been rejected by the department.

(2) The department, in consultation with the state board of parole, shall develop necessary policies and procedures regarding prerelease planning to ensure that:

(a) Roles and responsibilities of employees and any contractors involved in pre-release planning are clearly defined, employees and any contractors are adequately trained, and performance measures are developed;

(b) Adequate tracking and quality assurance processes are in place so that a recommended parole plan, whether an in-state or out-of-state plan, is completed and submitted to the parole board prior to the initial and any subsequent parole application hearing;

(c) Expedited protocols are in place so that an inmate's application for parole is submitted to the parole board at the earliest possible opportunity if the inmate is a new arrival at Denver reception and diagnostic center or the central transport unit and is past or within ninety days of the inmate's parole eligibility date;

(d) Formal mechanisms are in place to facilitate effective communication between the department and the parole board, including timely responses from the department to parole board requests for additional information or for a revised parole plan prior to the parole board's decision; and

(e) Data collection and data sharing between the department and the parole board are adequate to actively monitor the status of parole applications when the parole board has delayed its decision.

(3) The department shall provide a monthly report, by facility, the number of parole applications when the parole board has delayed a decision, the average length of time the parole application has been pending, and the general reason for delaying the decision if that information is known to the department. The information must be provided both for the reporting month and year to date.
C.R.S. § 17-26-136 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-136
17-26-136. Termination of pilot project
Status: repealed

17-26-136. Termination of pilot project. (Repealed)
C.R.S. § 17-24-123 — CO Code / Title 17 / Article 24 / Section 17-24-123
17-24-123. Clean-up of illegally disposed and abandoned waste tires - services to counties
Status: in_force

17-24-123. Clean-up of illegally disposed and abandoned waste tires - services to counties. (1) The general assembly finds that the clean-up, removal, and transportation of illegally dumped, stored, or abandoned waste tires is necessary and that inmate labor is one source of labor that should be used to correct these problems.

(2) The division is authorized to:

(a) Provide labor using supervised inmate crews to counties or private entities for the clean-up, loading, and any on-site processing of illegally dumped, stored, or abandoned waste tires prior to transporting such waste tires to a county- or state-approved recycling or disposal facility and to pay the personnel and operating costs necessary to do so;

(b) Contract with county and city and county sheriffs for the provision of supervised inmate crews to clean up illegally dumped, stored, or abandoned waste tires;

(c) Contract with private haulers for the moving of illegally dumped, stored, or abandoned waste tires to a county- or state-approved recycling or disposal facility and shall do so whenever feasible and cost-effective; and

(d) Pay any fees necessary for a county- or state-approved recycling or disposal facility to accept illegally dumped, stored, or abandoned waste tires.

(3) Any moneys received from contracts entered into pursuant to this section shall be credited to the correctional industries account described in section 17-24-113 (3).
C.R.S. § 17-26-120 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-120
17-26-120. Keeping of fugitives - charges
Status: in_force

17-26-120. Keeping of fugitives - charges. Any county jail may be used for the detention and safekeeping of any fugitive from justice from another state or territory, and in this case the county shall be entitled to compensation at the rate prescribed by the board of county commissioners. The rate so charged for the maintenance and safekeeping of such fugitive in custody shall be subject to the approval of the district judge, to be paid by the officer demanding the custody of such fugitive to the sheriff of the county and by him paid over to the treasurer of the county for the use of the county.
C.R.S. § 17-1-106 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-106
17-1-106. Transfer of functions
Status: repealed

17-1-106. Transfer of functions. (Repealed)
C.R.S. § 17-1-156 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-156
17-1-156. Appropriation to comply with section 2-2-703 - HB 06-1145 - repeal
Status: repealed

17-1-156. Appropriation to comply with section 2-2-703 - HB 06-1145 - repeal. (Repealed)
C.R.S. § 17-24-111 — CO Code / Title 17 / Article 24 / Section 17-24-111
17-24-111. Purchasing requirement
Status: repealed

17-24-111. Purchasing requirement. (1) (a) The director is hereby authorized to develop programs that produce goods and services, including capital construction items, which are used by agencies financed in whole or in part by the state, any political subdivision thereof, or the federal government and to develop programs that produce goods, including capital construction items, which are used by public entities involved in financed purchase of an asset or certificate of participation agreements as provided in section 17-24-106 (1)(f)(II). The director shall also develop programs to market goods and services to distributor networks, nonprofit organizations, private sector retailers, and the general public. The state and its institutions, agencies, and departments may purchase through the department of personnel or purchasing agency authorized by section 24-102-302 (2) such goods and services as are produced by the division, unless similar goods and services can be obtained at or below the amount established for small purchases which are exempt from the invitation-for-bids requirements of the "Procurement Code" contained in part 2 of article 103 of title 24. Goods and services produced by the division shall be provided at a price comparable to the current market price for similar goods and services. State agencies may purchase goods and services from sources other than the division; except that office furniture and office systems shall be purchased from the division. Printing services shall be purchased from the division unless a state agency operates its own printing operation. If the division is not able to provide its goods or services at a price or level of quality which is comparable to that provided by the private sector or provide them in a timely manner, which price, level of quality, or timeliness is determined by the department of personnel, the department of personnel shall make a certification to that effect, and the state agency purchasing such goods or services shall not be required to purchase them from the division.

(b) Repealed.

(c) The financial and staff resources dedicated to said purchasing function in the affected agency shall be under the authority of the department of personnel during the period of suspension, and purchases made for the affected agency shall be in accordance with the requirements of this subsection (1).

(d) When a state agency issues an invitation for bids pursuant to section 24-103-202, C.R.S., for goods or services which are available from the division of correctional industries, as shown on the list provided by the division pursuant to paragraph (a) of subsection (2) of this section, the division of correctional industries shall be included on its list of prospective bidders.

(e) Repealed.

(f) The division of correctional industries shall have access to the purchasing records of the department of personnel and the records of purchasing agents of state agencies established pursuant to section 24-102-302, C.R.S.

(2) (a) Repealed.

(b) State agencies which have purchased goods and services available from the division of correctional industries, as shown on the list provided by the division pursuant to paragraph (a) of this subsection (2), shall, as a part of their annual budget requests to the joint budget committee of the general assembly, report on all such purchases and of the value of the goods and services actually purchased from the division of correctional industries, and the division of correctional industries shall, as a part of its annual budget request to the joint budget committee, report on the value of all goods and services sold to each state agency.

(c) and (d) Repealed.

(3) Repealed.

(4) To the extent the articles and products which are produced or manufactured by the division are not purchased pursuant to the provisions of subsection (1) of this section, said articles or products may be purchased from the division on the open market by any person at the then current prevailing market prices.

(5) Articles and products manufactured or produced by the division shall first be used in supplying the requirements of state agencies and secondly in supplying the political subdivisions of the state which purchase the same. Only the surplus of such articles and products left after meeting the requirements of state agencies and their political subdivisions shall be made available for purchase by the general public.

(6) (a) Notwithstanding any provision of this section to the contrary, on and after July 1, 2012, a state institution of higher education or the Auraria higher education center created in article 70 of title 23 may, but is not required to, purchase goods and services from the division pursuant to this section. In purchasing furniture and office systems that exceed the amount established for small purchases that are exempt from the invitation-for-bids requirements of the "Procurement Code" contained in part 2 of article 103 of title 24, a state institution of higher education or the Auraria higher education center shall request a bid from the division for the purchase, and the institution or the center shall consider the bid on a competitive basis.

(b) Nothing in paragraph (a) of this subsection (6) shall require a state institution of higher education or the Auraria higher education center to engage in competitive bidding for an item or items if the institution or the center chooses to use the division as the sole source supplier for the item or items.
C.R.S. § 17-42-104 — CO Code / Title 17 / Article 42 / Section 17-42-104
17-42-104. Inmates incarcerated in other states - notifications to victims required - excep
Status: in_force

17-42-104. Inmates incarcerated in other states - notifications to victims required - exceptions - definitions. (1) If the department determines that an inmate is eligible for relocation to a penal institution in another state pursuant to the "Interstate Corrections Compact", part 16 of article 60 of title 24, then not later than twenty-four hours after such determination, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence that:

(a) Such a determination has been made; and

(b) If the inmate is relocated, the department, pursuant to subsection (2) of this section, may be required to notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time.

(2) If the department relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than forty-eight hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time.

(3) Subsection (2) of this section does not apply if any of the following factors apply and the prosecuting attorney confirms such fact in writing as described in subsection (4)(b) of this section:

(a) The inmate is a witness and the executive director determines that disclosing the location of the inmate would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities;

(b) The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located;

(c) The registered victim is currently incarcerated; or

(d) The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the location of the inmate poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities.

(4) (a) If the department relocates an inmate and the executive director determines that any factor described in subsection (3) of this section applies, then not later than forty-eight hours after such relocation, the department shall notify the prosecuting attorney:

(I) That the inmate has been relocated; and

(II) Which of the factors described in subsection (3) of this section the executive director has determined applies.

(b) If the prosecuting attorney agrees with the executive director's determination that a factor described in subsection (3) of this section applies, then:

(I) The prosecuting attorney shall confirm the executive director's determination in writing;

(II) The department shall retain such written confirmation; and

(III) The department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that the inmate has been relocated and the department is unable to disclose the inmate's location because one of the factors described in subsection (3) of this section applies.

(c) (I) If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has thirty days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination.

(II) Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims, as described in subsection (2) of this section. Any hearing conducted for the purpose of this subsection (4)(c)(II) must be held in camera.

(III) In an action brought pursuant to this subsection (4)(c), the parties are entitled to full discovery under the Colorado rules of civil procedure that are applicable to actions for declaratory judgment; except that the executive director is not required to disclose the location of the inmate pending the resolution of the civil action and any appeals. Any appeal of a judgment from an action brought under this subsection (4)(c) must be made pursuant to the rules of appellate procedure.

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

(a) "Law enforcement officer" means a peace officer described in article 2.5 of title 16.

(b) "Prosecuting attorney" means the office of the district attorney or other prosecutor who prosecuted an offender who was subsequently convicted and incarcerated.

(c) "Registered victim" means a victim who has registered with the victims services unit within the department.

(d) "Victim" has the same meaning as set forth in section 24-4.1-302 (5).

(e) "Witness" has the same meaning as set forth in section 24-4.1-302 (7).
C.R.S. § 17-26-114 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-114
17-26-114. Work on highways - expenses
Status: repealed

17-26-114. Work on highways - expenses. (Repealed)
C.R.S. § 17-1-151 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-151
17-1-151. Appropriation to comply with section 2-2-703 - HB 04-1003 - repeal
Status: repealed

17-1-151. Appropriation to comply with section 2-2-703 - HB 04-1003 - repeal. (Repealed)
C.R.S. § 17-24-109.5 — CO Code / Title 17 / Article 24 / Section 17-24-109.5
17-24-109.5. License plates - highway signs
Status: in_force

17-24-109.5. License plates - highway signs. (1) The division may purchase such equipment, machinery, and other materials as may be necessary to manufacture and deliver motor vehicle license plates, temporary registration plates and certificates, validating tabs or decals, road signs, markers, and metal badges used by any department and manufactured under the authority of this article. Each year the executive director of the department of revenue shall estimate the number of license plates, temporary registration plates and certificates, and validating tabs or decals that will be required and the cost of manufacturing thereof for the year such estimate is made and shall certify such estimates to the joint budget committee of the general assembly.

(2) During the year the estimate required by subsection (1) of this section is made and certified by the executive director of the department of revenue from the sale of motor vehicle license plates, temporary registration plates and certificates, and validating tabs or decals, the joint budget committee shall consider the estimate in making its budget recommendation for the division of correctional industries to the general assembly. Any amounts appropriated by the general assembly for the purposes of this section shall be used and expended by the division of correctional industries to purchase such equipment and machinery, including repairs thereof, sheet steel or aluminum, paints, enamels, and other materials and support services as may be necessary to manufacture and deliver as a finished product motor vehicle license plates required by the executive director of the department of revenue to be furnished under the motor vehicle laws of this state.
C.R.S. § 17-1-146 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-146
17-1-146. Appropriation to comply with section 2-2-703 - HB 03-1004 - repeal
Status: repealed

17-1-146. Appropriation to comply with section 2-2-703 - HB 03-1004 - repeal. (Repealed)
C.R.S. § 17-19-102 — CO Code / Title 17 / Article 19 / Section 17-19-102
17-19-102. Employees of correctional facilities
Status: in_force

17-19-102. Employees of correctional facilities. Any person who wishes to become or to continue as an employee, including but not limited to contract employees and volunteers, of a correctional facility, as defined in section 17-19-101 (3), shall sign, as a condition of his or her employment or of volunteering, a consent form in which the employee or volunteer shall give his or her consent to be stopped and searched without probable cause by a person of the same sex while engaged in the performance of his or her duties within or around the correctional facility. Said form shall be as promulgated by the executive director with the advice of the attorney general.
C.R.S. § 17-1-104.8 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.8
17-1-104.8. Legislative review of facilities program plans for correctional facilities
Status: repealed

17-1-104.8. Legislative review of facilities program plans for correctional facilities. (Repealed)
C.R.S. § 17-31-103 — CO Code / Title 17 / Article 31 / Section 17-31-103
17-31-103. Volunteers - rehabilitation and transition - programs
Status: in_force

17-31-103. Volunteers - rehabilitation and transition - programs. (1) Each division shall facilitate, where practicable, the use of volunteers to assist and participate in the development and implementation of programs for the rehabilitation and transition of and growth of support groups and systems for adult and juvenile offenders in the following institutions and programs:

(a) Any correctional facility or county or city and county jail;

(b) Any community correctional facility or program operated pursuant to article 27 of this title;

(c) The adult parole program of the division of adult parole within the department;

(d) The juvenile parole program of the division of youth services within the department of human services;

(e) Any intensive supervision program operated by the department or operated by a local government under contract with the department pursuant to section 17-27.5-101;

(f) Any work release or education release program pursuant to section 18-1.3-207, C.R.S.;

(g) Any intensive supervision probation program, established by the judicial department pursuant to section 18-1.3-208, C.R.S.;

(h) Any adjunct probation services program pursuant to section 16-11-214, C.R.S.;

(i) The juvenile diversion program established and administered by the division of criminal justice of the department of public safety.

(j) (Deleted by amendment, L. 92, p. 2174, § 25, effective June 2, 1992.)

(2) Each division may implement programs in addition to those set forth in subsection (1) of this section which utilize volunteers to assist in such division with such division's parole, probation, or other offender rehabilitation functions.
C.R.S. § 17-18-123 — CO Code / Title 17 / Article 18 / Section 17-18-123
17-18-123. Appropriation to comply with section 2-2-703 - HB 16-1080 - repeal
Status: repealed

17-18-123. Appropriation to comply with section 2-2-703 - HB 16-1080 - repeal. (Repealed)
C.R.S. § 17-18-102 — CO Code / Title 17 / Article 18 / Section 17-18-102
17-18-102. Appropriation to comply with section 2-2-703 - HB 08-1352 - repeal
Status: repealed

17-18-102. Appropriation to comply with section 2-2-703 - HB 08-1352 - repeal. (Repealed)
C.R.S. § 17-24-102 — CO Code / Title 17 / Article 24 / Section 17-24-102
17-24-102. Legislative declaration
Status: in_force

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

(2) It is the general assembly's intent that the division of correctional industries collaborate with the department to perform all duties and functions for correctional industries.
C.R.S. § 17-20-129 — CO Code / Title 17 / Article 20 / Section 17-20-129
17-20-129. Food donations to nonprofit organizations encouraged
Status: in_force

17-20-129. Food donations to nonprofit organizations encouraged. Each correctional facility is encouraged to donate apparently wholesome food to one or more local nonprofit organizations for distribution to needy or poor individuals.
C.R.S. § 17-27-102 — CO Code / Title 17 / Article 27 / Section 17-27-102
17-27-102. Definitions
Status: in_force

17-27-102. Definitions. As used in this article 27:

(1) "Administrative review process" means a sequence of actions that includes written notification to an offender of the decision to reject and terminate program placement, a brief explanation of the reason for the termination, instructions for the offender to request review of the action of the community corrections board or community corrections program, and a method for the community corrections board or community corrections program to informally review the rejection and termination.

(2) "Community corrections board" means the governing body of any unit of local government, any combinations of such governing bodies for the purpose of this article, or any separate board created by any governing body or bodies pursuant to this article.

(2.5) "Community corrections facility" means a facility used by a community corrections program.

(3) "Community corrections program" means a community-based or community-oriented program that provides supervision of offenders pursuant to this article. Such program shall be operated by a unit of local government, the department, or any private individual, partnership, corporation, or association. Such program may provide residential or nonresidential services for offenders, monitoring of the activities of offenders, oversight of victim restitution and community service by offenders, programs and services to aid offenders in obtaining and holding regular employment, programs and services to aid offenders in enrolling in and maintaining academic courses, programs and services to aid offenders in participating in vocational training programs, programs and services to aid offenders in utilizing the resources of the community, meeting the personal and family needs of such offenders, programs and services to aid offenders in obtaining appropriate treatment for such offenders, programs and services to aid offenders in participating in whatever specialized programs exist within the community, day reporting programs, and such other services and programs as may be appropriate to aid in offender rehabilitation and public safety.

(3.5) "Community parole officer" means an officer who is an employee of the department and is a peace officer, as described in sections 16-2.5-101 and 16-2.5-136, C.R.S., with the powers and duties described in section 17-27-105.5.

(4) "Governing body" means the board or council of elected or appointed officials which is responsible for governing any unit of local government, such as a city council or a board of county commissioners.

(5) "Nongovernmental agency" means any private individual, partnership, corporation, or association.

(6) "Offender" means any person accused of or convicted of a felony or misdemeanor as defined by the laws of the state of Colorado.

(7) "Referring agency" means the agency which maintains legal jurisdiction over any offender referred to or placed in a community corrections program such as the sentencing court, the department of corrections, or the state board of parole.

(8) "Unit of local government" means any county, city and county, city, town, or service authority which may be established pursuant to section 17 of article XIV of the state constitution.
C.R.S. § 17-1-105.1 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-105.1
17-1-105.1. Accreditation of private contract prisons
Status: repealed

17-1-105.1. Accreditation of private contract prisons.

(1) Repealed.

(2) Prior to submitting building plans to any county, municipality, city and county, or other local governmental agency, any company proposing to construct a private prison within the state shall conduct at least one hearing in the county where the facility is proposed to be constructed for public input following at least twenty days' notice published in a newspaper of general circulation in the county in which the private prison is to be located.

(3) (a) A private prison shall not contract to house any inmate, except on a temporary basis, unless within two years of the date that it accepts its first inmate it holds a current accreditation by the American correctional association.

(b) The executive director may extend the time period for a private prison to obtain the accreditation required by paragraph (a) of this subsection (3) upon a showing of good cause.
C.R.S. § 17-20-127 — CO Code / Title 17 / Article 20 / Section 17-20-127
17-20-127. Canteen, vending machine, and library fund created - receipts - disbursements
Status: repealed

17-20-127. Canteen, vending machine, and library fund created - receipts - disbursements. (Repealed)
C.R.S. § 17-20-123 — CO Code / Title 17 / Article 20 / Section 17-20-123
17-20-123. Insurrection - duty of citizens
Status: in_force

17-20-123. Insurrection - duty of citizens. It is the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection among the inmates sentenced to any correctional facilities under the supervision of the executive director and to prevent the escape or rescue of any such inmate therefrom, or from any other legal confinement, or from any person in whose legal custody such inmate may be. If, in so doing or in arresting any inmate who may have escaped, such officer or other person wounds or kills such inmate or other person aiding or assisting such inmate, such officer or other person shall be justified and held guiltless; but such officer or other person shall not be excused for using greater force than the emergency of the case demands.
C.R.S. § 17-34-102 — CO Code / Title 17 / Article 34 / Section 17-34-102
17-34-102. Specialized program for juveniles and young adults convicted as adults and young
Status: repealed

17-34-102. Specialized program for juveniles and young adults convicted as adults and young adults convicted under twenty-one years of age - report - definition. (1) The department shall develop and implement a specialized program for offenders who have been sentenced to an adult prison for a felony offense committed while the offender was under eighteen years of age as a result of the filing of criminal charges by an information or indictment pursuant to section 19-2.5-801, or the transfer of proceedings to the district court pursuant to section 19-2.5-802, or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, or offenders serving a sentence in the department for a felony offense that was committed when the offender was under twenty-one years of age, and the offenders in any of these cases are determined to be appropriate for placement in the specialized program. The department shall implement the specialized program within or in conjunction with a facility operated by, or under contract with, the department.

(2) The specialized program must include components that allow an offender to experience placement with more independence in daily life, with additional work-related responsibilities and other program components that will assist and support the offender's successful reintegration into the community of offenders who have never lived independently or functioned in the community as an adult. The specialized program must also include best and promising practices in independent living skills development, reentry services for long-term offenders, and intensive supervision and monitoring.

(3) The department shall not allow any participating offender to complete the specialized program in less than three years.

(4) The department shall make restorative justice practices, as defined in section 18-1-901 (3)(o.5), available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article 4.1 of title 24.

(5) Repealed.

(6) (a) The department shall include in the specialized program rules of conduct for program participants and a policy whereby program participants who fail to comply with the rules of conduct are terminated from participation in the specialized program and returned to an appropriate prison placement.

(b) An offender who is terminated from the specialized program may not re-petition for placement in the specialized program sooner than three years from the date of such termination.

(7) Notwithstanding any provision of law, an offender who successfully completes the specialized program is eligible to apply for early parole pursuant to the provisions of section 17-22.5-403 (4.5) or 17-22.5-403.7.

(8) (a) Except as described in subsections (8)(b) and (8)(c) of this section, if an offender has served at least twenty-five calendar years of his or her sentence and successfully completed the specialized program, unless rebutted by relevant evidence, it is presumed that:

(I) The offender has met the factual burden of presenting extraordinary mitigating circumstances; and

(II) The offender's release to early parole is compatible with the safety and welfare of society.

(b) If an offender who committed murder in the first degree, as described in section 18-3-102 (1)(a), (1)(c), (1)(e), or (1)(f), has served thirty years of his or her sentence and successfully completed the program, unless rebutted by relevant evidence, the presumptions described in subsections (8)(a)(I) and (8)(a)(II) of this section apply.

(c) If the felony the person was charged with was murder in the first degree, as described in section 18-3-102, with the possible penalty of life without the possibility of parole, and the person was eighteen years of age or older but less than twenty-one years of age at the time of the commission of the offense, and the person entered a plea of guilty to a lesser felony offense and received a determinate sentence to the department with the possibility of parole, and the offender has served thirty-five calendar years of his or her sentence and successfully completed the program, unless rebutted by relevant evidence, the presumptions described in subsections (8)(a)(I) and (8)(a)(II) of this section apply.

(d) For purposes of this subsection (8), "calendar year" means twelve consecutive months without any time credit deductions.

(9) On and after January 1, 2018, during its annual presentation before the joint judiciary committee of the general assembly, or any successor joint committee, pursuant to section 2-7-203, C.R.S., the department shall include a status report regarding the progress and outcomes of the specialized program developed and implemented by the department pursuant to this section during the preceding year. The report, at a minimum, shall include:

(a) A description of the specialized program, including the evidence-based and promising practices that are included in the specialized program;

(b) The policies and procedures developed by the department to determine which eligible offenders may be placed in the specialized program;

(c) The policies and procedures developed by the department to address the conduct of participants in the specialized program;

(d) The location of the program and the number of beds available for specialized program participants;

(e) The number of offenders selected to participate in the specialized program; the number of offenders who were denied placement in the specialized program, including the reasons for such denials; and the number of offenders who were removed from the specialized program and the reasons for their removal;

(f) A summary concerning the staffing of the specialized program;

(g) Information concerning the behavior patterns of the offenders in the specialized program;

(h) The number of offenders who successfully completed the specialized program;

(i) The number of specialized program participants who have been referred to the parole board for early parole; and

(j) The number of specialized program participants who were granted early parole by the governor.
C.R.S. § 17-26-104.7 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-104.7
17-26-104.7. Prohibition against the use of restraints on pregnant persons in custody
Status: repealed

17-26-104.7. Prohibition against the use of restraints on pregnant persons in custody. (1) The staff of a county jail, in restraining a woman who is committed, detained, or confined to the county jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the county jail have a reasonable belief that the woman 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 county jail or medical facility staff authorizing the use of restraints on a pregnant person during labor or delivery of the child shall make a written record of the use of the restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The sheriff shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the person 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. No later than February 15, 2022, and each February 15 thereafter, the sheriff 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 county jail after childbirth, the woman shall be entitled to have a member of the county jail's or county's medical staff present during any strip search.

(4) When a woman's pregnancy is determined, the staff of a county jail shall inform a pregnant woman committed, detained, or confined in a county jail in writing in a language and in a manner understandable to the woman of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search.

(5) Each sheriff shall ensure that staff of the county jail receive adequate training concerning the provisions of this section.
C.R.S. § 17-2-210 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-210
17-2-210. Duties of board
Status: in_force

17-2-210. Duties of board. The board, acting through its chairperson or an assistant or a community parole officer, shall promptly commence civil proceedings pursuant to section 17-2-209 and shall notify the office of the attorney general, who shall then represent the board in the hearings.
C.R.S. § 17-40-102 — CO Code / Title 17 / Article 40 / Section 17-40-102
17-40-102. Program established
Status: in_force

17-40-102. Program established. (1) There is hereby established the Colorado diagnostic program, referred to in this article as the "program".

(2) The primary function and purpose of the program shall be to provide a diagnostic examination and evaluation of all offenders sentenced by the courts of this state, so that each such offender may be assigned to a correctional institution or a program established pursuant to article 27.7 of this title which has the type of security and, to the extent possible, appropriate programs of education, employment, and treatment available, which are designed to accomplish maximum rehabilitation of such offender and to prepare an offender for placement into as productive an employment as possible following imprisonment.
C.R.S. § 17-2-104 — CO Code / Title 17 / Article 2 / Part 1 / Section 17-2-104
17-2-104. Records - reports - publications
Status: in_force

17-2-104. Records - reports - publications. (1) The office of director of the division of adult parole shall be maintained as a clearing house for all information on domestic as well as interstate parolees, and the director shall prescribe, prepare, and furnish such forms, records, and reports as the executive director may require from time to time. Such data and information so compiled shall not be considered to be public records but shall be held to be confidential in character.

(2) The director shall report to the executive director at such times and on such matters as the executive director may require; except that confidential information shall not be made public. Publications of the director circulated in quantity outside the division shall be subject to the approval and control of the executive director.
C.R.S. § 17-24-116 — CO Code / Title 17 / Article 24 / Section 17-24-116
17-24-116. Sole authority
Status: in_force

17-24-116. Sole authority. The division shall have sole authority for operating any programs within the adult correctional institutions of this state.
C.R.S. § 17-31-102 — CO Code / Title 17 / Article 31 / Section 17-31-102
17-31-102. Definitions
Status: in_force

17-31-102. Definitions. As used in this article 31, unless the context otherwise requires:

(1) "Approved volunteer organization" means an organization which has screened and trained volunteers for working with adult and juvenile offenders in correctional facilities and in parole and probation programs of the judicial department, the department of corrections, the department of human services, and the department of public safety prior to January 1, 1990, or pursuant to guidelines for training volunteers established by either the executive director of the department of corrections, the executive director of the department of human services, the executive director of the department of public safety, or the chief justice of the supreme court. Such guidelines shall address the issues of liability, supervision, support, and training of volunteers.

(2) "Division" means the division or department directing or administering any public or private correctional institution or detention facility in which offenders are housed or treated, any probation program within each judicial district, or any juvenile or adult parole program, including but not limited to, the judicial department, the department of public safety and the division of criminal justice therein, the department of corrections and the division of adult parole therein, and the department of human services and the division of youth services therein.

(3) "Institution" means any of the following:

(a) A correctional facility, as that term is defined in section 17-1-102 (1.7);

(b) A community corrections program, as that term is defined in section 17-27-102 (3);

(c) A halfway house, as that term is defined in section 19-2.5-102;

(d) A diagnostic and evaluation center, as that term is defined in section 19-2.5-102;

(e) A receiving center, as that term is defined in section 19-2.5-102;

(f) A diagnostic center, as that term is defined in section 17-40-101 (1.5);

(g) Any jail operated by a county or a city and county;

(h) A minimum security facility, as that term is defined in section 17-25-101 (2).

(4) "Offender" means any person who has been convicted of or who has received a deferred sentence for a felony or misdemeanor who is under the authority of an agency.

(5) "Volunteer" means any person who has completed the training from an approved volunteer organization and gives his services without any express or implied promise of remuneration.
C.R.S. § 17-27.8-102 — CO Code / Title 17 / Article 27.8 / Section 17-27.8-102
17-27.8-102. Authority of sentencing courts to utilize home detention programs
Status: repealed

17-27.8-102. Authority of sentencing courts to utilize home detention programs. (Repealed)
C.R.S. § 17-32-104 — CO Code / Title 17 / Article 32 / Section 17-32-104
17-32-104. Division of correctional education - advisory board to the division
Status: repealed

17-32-104. Division of correctional education - advisory board to the division. (Repealed)
C.R.S. § 17-18-121 — CO Code / Title 17 / Article 18 / Section 17-18-121
17-18-121. Appropriation to comply with section 2-2-703 - SB 15-067 - repeal
Status: repealed

17-18-121. Appropriation to comply with section 2-2-703 - SB 15-067 - repeal. (Repealed)
C.R.S. § 17-24-106.6 — CO Code / Title 17 / Article 24 / Section 17-24-106.6
17-24-106.6. Surplus state property - definitions
Status: repealed

17-24-106.6. Surplus state property - definitions. (1) As used in this section, unless the context otherwise requires:

(a) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.)

(b) "State agency" means this state or any department or other agency of the state, but not including the department of transportation or the Auraria higher education center established in article 70 of title 23, C.R.S.

(c) "Surplus state property" means any equipment and supplies no longer having any use to the state or any state agency.

(2) The director shall promulgate rules to be utilized by the division in governing:

(a) The sale or disposal of surplus state property by public auction, invitation for bids, or daily warehouse sales; and

(b) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.)

(c) The circumstances under which a public employee may purchase surplus state property.

(d) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1424, § 16, effective August 10, 2011.)

(2.1) (a) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.)

(b) Repealed.

(c) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.)

(3) Such rules shall include, but shall not be limited to:

(a) The preparation of a perpetual inventory of surplus state property collected by the division;

(a.5) A procedure to inform all state agencies of the availability of such surplus state property;

(b) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.)

(c) Procedures coordinating, to the extent possible, the programs administered by the division under section 17-24-106 with the division's responsibility with respect to surplus state property;

(d) A procedure whereby surplus state property which is not sold or otherwise disposed of within six months after being received by the division shall be disposed of as soon as possible thereafter.

(4) Any moneys used to cover the administrative costs of the transfer of responsibilities with respect to surplus state property from the department of personnel to the department of corrections shall be transmitted to the state treasurer, who shall credit the same to the surplus property fund, which fund is hereby created, and such fund shall be subject to appropriation by the general assembly for the purposes of this section.

(5) Any moneys in any accounts or funds administered by the department of personnel that are derived from the administration of part 4 of article 82 of title 24 shall be transferred to the surplus property fund.

(6) The division may assess fees from the disposer or recipient of any surplus state property, which fees shall be limited to reasonable administrative costs of the division incurred in effecting the collection of surplus state property. All such fees shall be credited to the surplus property fund.
C.R.S. § 17-32-108 — CO Code / Title 17 / Article 32 / Section 17-32-108
17-32-108. Sale of goods and services
Status: in_force

17-32-108. Sale of goods and services. (1) (a) The correctional education program is authorized to sell goods and services to inmates, invited guests, employees of the department, governmental agencies, or nonprofit organizations only if the provision of the goods or services offers a valuable educational experience for inmates and fulfills the goals and objectives of the program.

(b) The department shall adopt procedures for hearing complaints of unfair competition by privately owned businesses. If a privately owned business makes a complaint of unfair competition in relation to the activities of the correctional education program, the department shall hold a hearing on the complaint. The executive director or his or her designee shall hear the complaint, and the decision of the director or designee is final. As part of the report required by section 17-32-105 (8), the department shall report the number of complaints filed pursuant to this paragraph (b) and the outcome of the complaints.

(2) (a) The program shall fix and determine the prices at which all labor is performed and at which all goods and services produced are sold. Such prices must be as near to the prevailing market prices for goods and services of similar quality as is practical or goods and services sold through the Colorado community college system pursuant to section 24-113-104, C.R.S.

(b) The program shall ensure that the level of quality of goods and services produced is comparable to similar goods and services available from the private sector or the Colorado community college system. The sale of such goods or services shall not give rise to any warranties. No refund or replacement shall be made after ninety days from the date of the sale.

(c) The correctional education program shall transmit all revenues collected by the program from the sale of goods or services to the state treasurer for deposit in the correctional education program fund, created pursuant to section 17-32-107.
C.R.S. § 17-1-110 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-110
17-1-110. Joint review committee on corrections
Status: repealed

17-1-110. Joint review committee on corrections. (Repealed)
C.R.S. § 17-27.8-106 — CO Code / Title 17 / Article 27.8 / Section 17-27.8-106
17-27.8-106. Escape from custody
Status: in_force

17-27.8-106. Escape from custody. If an offender fails to remain within the extended limits of a home detention program as ordered by a sentencing judge, he shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S. An offender on parole who fails to remain within the limits of a home detention program shall be deemed to be in violation of parole pursuant to section 17-2-103 (1)(e).
C.R.S. § 17-24-105 — CO Code / Title 17 / Article 24 / Section 17-24-105
17-24-105. Personnel
Status: in_force

17-24-105. Personnel. (1) The director shall have considerable business operations experience, including the supervision and management of production operations.

(2) The director shall have the authority to determine the personnel needs and requirements of the programs and shall have the authority to hire all subordinate personnel pursuant to section 13 of article XII of the state constitution.
C.R.S. § 17-1-142 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-142
17-1-142. Appropriation to comply with section 2-2-703 - SB 02-050
Status: repealed

17-1-142. Appropriation to comply with section 2-2-703 - SB 02-050. (Repealed)
C.R.S. § 17-1-113.8 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.8
17-1-113.8. Persons with serious behavioral or mental health disorders - long-term isolated
Status: repealed

17-1-113.8. Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation. (1) The department shall not place a person with a behavioral or serious mental health disorder in long-term isolated confinement except when exigent circumstances are present.

(2) (a) There is hereby established within the department a serious mental illness in long-term isolated confinement work group, referred to in this section as the "work group". The work group consists of:

(I) The deputy executive director of the department, or his or her designee, who shall convene and serve as the chair of the work group;

(II) The director of clinical and correctional services, within the department, or his or her designee;

(III) The director of prisons, within the department, or his or her designee;

(IV) The chief of psychiatry, within the department, or his or her designee;

(V) The director of behavioral health, within the department, or his or her designee;

(VI) Two representatives from a nonprofit prisoners' rights advocacy group, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate; and

(VII) Two mental health professionals independent from the department with particular knowledge of prisons and conditions of confinement, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate.

(b) (I) The work group shall advise the department on policies and procedures related to the proper treatment and care of offenders with serious behavioral or mental health disorders in long-term isolated confinement, with a focus on persons with serious behavioral or mental health disorders in long-term isolated confinement.

(II) The work group has the power to request, on a periodic basis, information and data from the department on the status of the department's work on the subject matter of the work group.

(c) The chair of the work group shall convene the work group's first meeting no later than July 1, 2014, and the work group must meet at least semi-annually thereafter. The chair shall schedule and convene the work group's meetings.

(d) The chair shall provide the work group with quarterly updates on the department's policies related to the work group's subject area.

(3) (a) The department shall allow medication-assisted treatment, as it is defined in section 23-21-803, to be provided to individuals who are placed in the custody of the department who were receiving such treatment in a local jail prior to being placed in the custody of the department.

(b) The department may enter into agreements with community agencies, behavioral health organizations, and substance use disorder treatment organizations to assist in the development and administration of medication-assisted treatment pursuant to this section.

(4) Repealed.
C.R.S. § 17-33-101 — CO Code / Title 17 / Article 33 / Section 17-33-101
17-33-101. Reentry planning and programs for adult parole - grant program - rules - reports
Status: repealed

17-33-101. Reentry planning and programs for adult parole - grant program - rules - reports - definition - repeal. (1) The department shall administer appropriate programs for offenders prior to and after release to assist offenders with reentry into society based upon the assessed need as determined by the executive director and suitability of individual offenders for such services. The department shall administer the reentry programs in collaboration with the division of adult parole in the department and the youthful offender system in the department.

(2) The department shall design the reentry program to reduce the possibility of each offender returning to prison, to assist each offender in rehabilitation, and to provide each offender with life management skills that allow him or her to function successfully in society.

(3) On and after July 1, 2014:

(a) The department shall develop and implement initiatives within the department specifically designed to decrease recidivism, enhance public safety, and increase each incarcerated person's chances of achieving success upon the incarcerated person's release into the community.

(b) The department shall track the long-term recidivism rates of persons who were formerly incarcerated who participated in reentry services and programs. The department shall provide data on all individuals who participate in reentry services and programs regarding:

(I) The type and level of offense of the controlling sentence;

(II) Length of the controlling sentence;

(III) Risk of reoffense based on a risk assessment instrument validated for individuals on parole;

(IV) Number of individuals in prison past the individual's parole eligibility date;

(V) Number of individuals granted discretionary parole at the individual's first parole application hearing;

(VI) Number of individuals granted discretionary parole at any subsequent parole application hearing;

(VII) Number of individuals released at mandatory release date;

(VIII) Recidivism at six months, one year, two years, and three years following release, disaggregated by whether the return to prison was the result of a new conviction, including the type and level of offense, or only for a violation of a condition of release; and

(IX) For sections (I) through (X), the data must be disaggregated by race and gender.

(c) Beginning in January 2024, and every year thereafter, the department shall provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a report with the information in subsection (3)(b) of this section, during the department's presentation at hearings held pursuant to the "SMART Act".

(4) Subject to appropriations, on and after July 1, 2014, the department shall develop and implement initiatives specifically designed to assist offenders in a correctional facility to prepare for release to the community. An initiative developed and implemented pursuant to this subsection (4) may include, but need not be limited to, the following components:

(a) Enhanced case management capabilities to allow case managers the ability to create individualized institutional case plans that help address the offender's assessed risks and needs;

(b) Pre-release specialists to develop pre-release plans and programs for offenders;

(c) The assignment of community parole officers to facilities so that each offender has an understanding of the expectations of community supervision, available services, and parole; and

(d) Transportation for high-risk and high-needs offenders, as defined by the department, who are being released from a correctional facility to a community parole office, to help provide effective supervision, enhance public safety, and expedite critical services.

(5) Subject to appropriations, on and after July 1, 2014, the department shall develop and implement initiatives specifically designed to assist each offender's transition from a correctional facility into the community. An initiative developed and implemented pursuant to this subsection (5) may include, but need not be limited to, the following components:

(a) An evidence-based cognitive behavioral program for offenders;

(b) Community-based mental health consultants to provide assistance with case planning and to consult with and train community parole officers concerning how to secure appropriate and available mental health services for parolees in the community;

(c) In collaboration with the state department of labor and employment created in section 24-1-121, C.R.S., or any other employment or job training program within the community, initiatives to help offenders in the community obtain employment, job placement, or training;

(d) Reentry specialists to help offenders successfully reenter the community;

(e) Consolidation and expansion of emergency assistance contract funding to effectively provide assistance to parolees in the community; and

(f) A program to provide medication-assisted therapies to eligible offenders.

(6) Subject to appropriations, on and after July 1, 2014, the department shall make necessary operational enhancements and develop and implement initiatives specifically designed to ensure that the department has the proper equipment, training, and programs to properly supervise offenders in the community to enhance public safety. An initiative developed and implemented pursuant to this subsection (6) may include, but need not be limited to, the following components:

(a) A comprehensive staff training program that:

(I) Is consistent with research and evidence-based practices;

(II) Enhances basic training and provides annual in-service training for community parole officers and staff; and

(III) Creates staff development within the division of adult parole so that the division will effectively supervise offenders through successful reintegration;

(b) Acquisition of equipment and resources that will effectively monitor and respond to tampering and other alerts released by electronic monitoring units;

(c) Establishment of an equipment replacement plan for enhanced community parole officer safety; and

(d) Enhancements to parole information technology and parolee tracking systems.

(7) (a) Subject to appropriations, on and after January 1, 2015, the department shall develop and implement a grant program to provide funding to eligible community-based organizations that provide prerelease and parole planning services to people in prison and reentry services to people on parole or inmates transitioning through community corrections. The department shall administer the grant program in accordance with policies developed by the executive director pursuant to subsection (7)(b) of this section.

(b) On or before January 1, 2015, the executive director shall develop policies for the administration of the grant program, including but not limited to the following:

(I) A process for determining eligibility criteria for a community-based organization, including but not limited to a community-based organization that serves as an intermediary on behalf of a collaboration of eligible community-based organizations, to receive a grant from the grant program;

(II) A process and timeline whereby a community-based organization may apply for a grant from the grant program;

(III) A process for determining the amount of each grant that is awarded to an eligible community-based organization;

(IV) A process for establishing data-reporting requirements for each eligible community-based organization that receives a grant from the grant program; and

(V) A process for determining the maximum amount of moneys that an eligible community-based organization may receive from the grant program in a single fiscal year.

(c) In developing policies for the administration of the grant program pursuant to paragraph (b) of this subsection (7), the executive director may require that staff members of an eligible community-based organization seeking funding from the grant program must submit to a criminal background check before an award decision is made. However, the executive director may not exclude a community-based organization from receiving grant moneys solely because one or more staff members of the community-based organization has a criminal record. If the executive director determines that one or more staff members of an applicant eligible community-based organization has a criminal record, he or she shall consider the factors described in section 24-5-101 (4), C.R.S., before deciding whether to award grant moneys to the community-based organization.

(d) The executive director, or his or her designee, shall make the final decision whether to award or deny a grant from the grant program.

(e) In awarding grants from the grant program each fiscal year, the department:

(I) Shall release as much as one quarter of the amount annually appropriated to the grant program to the intermediary described in subsection (7)(b)(I) of this section at the beginning of each fiscal year. The intermediary shall determine how much of this amount is awarded to each community partner as an advance portion of grant money to be awarded to the community partner.

(II) Shall not award any grant money in excess of the amount in the fund.

(f) The department shall expand the grant program in the 2018-19 fiscal year to maximize the total number of grantees; add grantees in underserved communities, especially in rural areas; and add one or more grantees that specialize in serving the reentry needs of women offenders.

(f.5) (I) The community-based reentry services cash fund, referred to in this subsection (7) as the "fund", is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.

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

(III) Money in the fund is continuously appropriated to the department for the grant program developed pursuant to this subsection (7).

(IV) Repealed.

(IV.5) (A) The general assembly shall appropriate $1,167,297 to the fund for fiscal year 2021-2022 from the savings from enactment of Senate Bill 21-146. Any money remaining in the fund after July 1, 2022, remains in the fund and may be spent by the department in fiscal year 2022-2023.

(B) The general assembly shall appropriate $1,481,662 to the fund for fiscal year 2022-2023 from the savings from enactment of Senate Bill 21-146.

(V) The state treasurer shall transfer all unexpended and unencumbered money in the fund on September 1, 2023, to the general fund.

(g) This subsection (7) is repealed, effective September 1, 2028. Before its repeal, the department of regulatory agencies shall review the grant program in accordance with section 24-34-104.

(8) Repealed.

(9) For purposes of this section, "recidivism" means a return to prison in Colorado for either new criminal activity or a technical violation of parole, probation, or non-departmental community placement within three years of release.
C.R.S. § 17-22.5-105 — CO Code / Title 17 / Article 22.5 / Part 1 / Section 17-22.5-105
17-22.5-105. Applicability of part
Status: in_force

17-22.5-105. Applicability of part. The provisions of this part 1 shall apply to all offenders sentenced to the department.
C.R.S. § 17-1-207 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-207
17-1-207. Applicability of part
Status: in_force

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