reglab/housing_qa huggingface dataset:
CO Code § 16-13-1002 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 10 - Resentencing Hearing for Juvenile Offenders Serving Life Sentences|§ 16-13-1002. Resentencing Hearing for Persons Serving Life Sentences Without the Possibility of Parole as the Result of a Direct File or Transfer

  A person may petition the sentencing court for a resentencing hearing if the person was:   A juvenile at the time of his or her offense;    Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802 or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005; and    Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006.       If a petition is filed pursuant to subsection (1) of this section, the sentencing court shall conduct a resentencing hearing and resentence the offender as described in section 18-1.3-401 (4)(c), C.R.S.    The provisions of sections 17-22.5-403 (2)(c) and 17-22.5-405 (1.2), C.R.S., take effect upon resentencing.    A petition filed under this section is not a motion under rule 35 (c) of the Colorado rules of criminal procedure.     History. Source: L. 2016: Entire part added,(SB 16-181), ch. 353, p. 1451, § 5, effective June 10. L. 2021: IP(1) and (1)(b) amended,(SB 21-059), ch. 136, p. 714, § 27, effective October 1.
CO Code § 17-1-104.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-104.5. Incarceration of Inmates From Other States - Private Contract Prison Facilities

  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.    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:   Without the express approval of the executive director, which approval shall not be unreasonably withheld; and    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.       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.    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.     History. Source: L. 88: Entire section added, p. 711, § 13, effective July 1. L. 96: Entire section amended, p. 1147, § 3, effective July 1. L. 98: Entire section amended, p. 1237, § 2, effective August 5. L. 2020: (3) and (4) added,(HB 20-1019), ch. 9, p. 24, § 3, effective March 6.    ANNOTATION   This section applies to transfers of out-of-state prisoners to a private prison facility in Colorado and habeas corpus petition by inmate is subject to this section. The Interstate Corrections Compact, §§ 24-60-1601 to 24-60-1603 and the Western Interstate Corrections Compact, §§ 24-60-801 to 24-60-805 , do not apply to transfers to private correctional facilities in this state. Slater v. McKinna, 997 P.2d 1196 (Colo. 2000).   Insofar as the provisions of the Interstate Corrections Compact, §§ 24-60-1601 to 24-60-1603 , and the Western Interstate Corrections Compact, §§ 24-60-801 to 24-60-805 , are inconsistent with this section, this section prevails since it is the more specific. Slater v. McKinna, 997 P.2d 1196 (Colo. 2000).   Agreement authorizing transfer of out-of-state inmate to private prison in Colorado complies with this section and inmate is not entitled to habeas corpus relief. Slater v. McKinna, 997 P.2d 1196 (Colo. 2000).
CO Code § 17-1-104.6 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-104.6. Planning and Review Requirements - Legislative Intent

  The general assembly hereby finds and declares that the construction, expansion, renovation, or improvement of state-built and operated department of corrections facilities is a matter of statewide and not local concern. Therefore, the department, in authorizing and financing the construction, expansion, renovation, or improvement of its facilities, is exempt from regional, county, and local planning requirements, including those specified in section 30-28-110, C.R.S., and those authorized by section 29-20-104, C.R.S.    Notwithstanding the provisions of subsection (1) of this section, whenever the department plans to locate a new corrections facility or expand an existing corrections facility, the department shall submit facility program plans to the governing body of the county or municipality in which the facility is proposed to be located or expanded and afford the governing body an opportunity for advisory review of such plans.    The intent of the general assembly in enacting this section is to clarify the meaning of current law concerning regional, county, and local planning requirements and to clarify that the general assembly never intended to require the department to submit plans to authorize or construct its facilities for approval by local, county, or regional planning authorities. Accordingly, this section is intended to apply to causes of action pending on or filed on or after July 1, 1996.     History. Source: L. 96: Entire section added, p. 1147, § 4, effective July 1.
CO Code § 17-1-104.9 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-104.9. Custody Levels for State Inmates at Private Prisons - Correctional Emergency - Definition

  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.      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.    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.    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.         History. Source: L. 2000: Entire section added, p. 834, § 8, effective May 24. L. 2006: Entire section amended, p. 658, § 1, effective August 7.
CO Code § 17-1-105.1 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-105.1. Accreditation of Private Contract Prisons

  Repealed.    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.      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.    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.         History. Source: L. 98: Entire section added, p. 1236, § 1, effective August 5. L. 2000: (1) repealed, p. 835, § 10, effective May 24.
CO Code § 17-1-105.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-105.5. Contract Rates

  Contracts for the confinement and maintenance of state inmates in private contract facilities or facilities operated by a political subdivision of the state entered into pursuant to this article shall be at rates that are negotiated by the department; except that the rate shall not exceed the maximum rate that is provided in the annual general appropriation bill.    Repealed.     History. Source: L. 96: Entire section added, p. 1149, § 7, effective July 1. L. 2008: Entire section amended, p. 375, § 1, effective April 10.    Editor's note:   Subsection (2)(d) provided for the repeal of subsection (2), effective June 30, 2009. (See L. 2008, p. 375 .)
CO Code § 17-1-107 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-107. Department May Accept Gifts, Donations, and Grants

 The department may accept, or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the work or programs of the department. The executive director, with the approval of the governor, shall have the power to direct the disposition of any such gift, donation, or grant so accepted for any purpose consistent with the terms and conditions under which given.   History. Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1.
CO Code § 17-1-107.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-107.5. State Criminal Alien Assistance Program Cash Fund - Creation

  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.    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.     History. Source: L. 2005: Entire section added, p. 726, § 1, effective June 1.
CO Code § 17-1-108 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-108. Transfer of Inmates

  A person committed to the care and custody of the department as an inmate who is transferred to another institution, agency, or person for care and keeping, or who is transferred from a jail to the department, shall be transferred with medical records and any other record necessary and relevant to the nature and length of the transfer. Such records shall be provided to the person or agency who will receive the inmate, and the receiving person or agency shall acknowledge receipt of the records and approve of the transfer.    (Deleted by amendment,L. 94, p. 603, § 4, effective July 1, 1994.)     History. Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 79: (1) amended, p. 686, § 24, effective July 1. L. 89: (2) amended, p. 828, § 38, effective July 1. L. 94: Entire section amended, p. 603, § 4, effective July 1; (1) amended, p. 1650, § 94, effective May 31.    Cross references:   For transfer of inmates with behavioral or mental health disorders or intellectual and developmental disabilities, see article 23 of this title 17.
CO Code § 17-1-109 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-109. Duties and Functions of the Warden

  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.      .    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.         History. Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 79: Entire section amended, p. 686, § 25, effective July 1. L. 89: Entire section amended, p. 872, § 1, effective June 5. L. 97: (2) amended, p. 29, § 7, effective March 20. L. 2000: (1) and (2)(a) amended, p. 835, § 12, effective May 24. L. 2011: (2) amended,(SB 11-176), ch. 289, p. 1342, § 2, effective July 1.
CO Code § 17-1-109.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-109.5. Correctional Facility Employees - Rules

  On and after April 1, 2004, the department shall not hire a person who is required to register as a sex offender pursuant to the provisions of the “Colorado Sex Offender Registration Act”, article 22 of title 16, C.R.S., to work at a correctional facility.    The department shall ensure that any person who is employed to work at a correctional facility as of April 1, 2004, and who is required to register as a sex offender pursuant to the provisions of the “Colorado Sex Offender Registration Act”, article 22 of title 16, C.R.S., does not have unsupervised contact with an inmate on and after April 1, 2004.    If a person, while employed by the department, is convicted of an offense that requires the employee to register as a sex offender pursuant to the provisions of the “Colorado Sex Offender Registration Act”, article 22 of title 16, C.R.S., the employee shall immediately notify the department of the conviction and the registration requirement. The department shall ensure that the employee does not have unsupervised contact with an inmate on and after the date it receives notice pursuant to this subsection (3).    The executive director shall adopt such rules as may be necessary to ensure compliance with the requirements of this section.     History. Source: L. 2004: Entire section added, p. 230, § 1, effective April 1.
CO Code § 17-1-111 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-111. Certain Provisions of the Administrative Procedure Act Not to Apply

 The provisions of this title relating to the placement, assignment, management, discipline, and classification of inmates shall not be subject to section 24-4-103 , 24-4-105 , or 24-4-106 , C.R.S.   History. Source: L. 83: Entire section added, p. 687, § 1, effective May 20. L. 90: Entire section amended, p. 954, § 22, effective June 7. L. 2000: Entire section amended, p. 836, § 13, effective May 24. L. 2004: Entire section amended, p. 1197, § 49, effective August 4.    ANNOTATION   Any right that may have existed to obtain review of a prison disciplinary action under the State Administrative Procedure Act (APA) was eliminated by the enactment of this section. Crawford v. State Dept. of Corr., 895 P.2d 1156 (Colo. App. 1995).   This section precludes review of prison disciplinary actions under § 24-4-106 of the APA. Crawford v. State Dept. of Corr., 895 P.2d 1156 (Colo. App. 1995).   The term “management” encompasses the approved treatment provider review board's actions in approving or disapproving treatment providers. Therefore, the board's denial of a treatment provider is exempt from review under the APA. Wisdom Works Counseling v. Dept. of Corr., 2015 COA 118 , 360 P.3d 262.   This section applies to regulations concerning the implementation of the death penalty. Even though the statute directing the executive director to provide for the implementation of a death sentence is contained in title 18, it is part of his or her duties as described in § 17-1-103 , and therefore this section applies. The regulations concerning the implementation of a death sentence are not subject to the provisions of § 24-4-103 of the APA. Dunlap v. Dept. of Corr., 2013 COA 63 , 303 P.3d 572.
CO Code § 17-1-113.1 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-113.1. Administration or Monitoring of Medications to Persons in Correctional Facilities

  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.    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.     History. Source: L. 92: Entire section added, p. 1149, § 4, effective July 1. L. 2000: Entire section amended, p. 837, § 16, effective May 24. L. 2003: Entire section amended, p. 704, § 24, effective July 1; entire section amended, p. 957, § 17, effective July 1.    Editor's note:   Amendments to this section by Senate Bill 03-002 and Senate Bill 03-119 were harmonized.
CO Code § 17-1-113.2 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-113.2. Continuity of Care for Persons Released From Correctional Facility

 Before a person is released from the custody of a correctional facility, the correctional facility shall comply with the provisions of section 17-26-140 concerning continuity of care for persons with a substance use disorder.   History. Source: L. 2020: Entire section added,(HB 20-1017), ch. 288, p. 1425, § 7, effective September 14.
CO Code § 17-1-113.4 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-113.4. Opioid Treatment for a Person in Custody - Definitions

  A correctional facility or private contract prison may make available opioid agonists and opioid antagonists to a person in custody with an opioid use disorder. The correctional facility or private contract prison is strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration, as medically necessary.      Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists for the treatment of an opioid use disorder pursuant to subsection (1) of this section.    As funding and supplies allow, if a person in custody is treated for an opioid use disorder pursuant to this section, the correctional facility or private contract prison shall offer the person, upon release from the facility, at least two doses of an opioid reversal medication, in a form approved by the federal drug administration, and provide education to the person about the appropriate use of the medication.       A correctional facility or private contract prison may contract with community-based health providers for the implementation of this section. (3.5) Nothing in this section imposes civil or criminal liability on a state law enforcement agency or law enforcement officer when ordinary care is used in the administration or provision of an opioid reversal medication in cases when an individual appears to be experiencing an opioid overdose.    As used in this section, unless the context otherwise requires:   “Opioid agonist” means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.    “Opioid antagonist” means naltrexone, an opioid reversal medication, or any similarly acting drug used for the treatment of an opioid use disorder that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.         History. Source: L. 2020: Entire section added,(HB 20-1017), ch. 288, p. 1422, § 1, effective September 14. L. 2021: (2) and (4)(b) amended and (3.5) added,(SB 21-137), ch. 362, p. 2382, § 28, effective June 28.    Cross references:   For the short title (“Behavioral Health Recovery Act of 2021”) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.