CO Code § 17-26-107 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 26 - Jails|Part 1 - General Provisions|§ 17-26-107. Prisoners to Work - Work Outside of Jail - Expenses

  When any able-bodied prisoner is confined in the county jail of any county or city and county, having been convicted of a misdemeanor or of the violation of a municipal ordinance and being confined in punishment therefor, the sheriff of such county or the person having the duties of a sheriff of such city and county shall compel such prisoner to work eight hours of every working day. The provisions of this section shall not apply to any case where there are fewer than three prisoners so confined in said jail at any one time or to any prisoner physically unable to work. In counties and city and counties, it shall be discretionary with the sheriff or person having the duties of a sheriff to employ prisoners on the road serving sentences of sixty or fewer days. It is the duty of the sheriff of such county or the sheriff or person having the duties of a sheriff of such city and county, when no other work is available, to compel the prisoners to work upon the public roads, highways, or streets of such county or city and county. Employment as a jail trusty shall be sufficient to meet the requirements of this section.    The county commissioners of the county or the governing body of the city and county, when informed by the sheriff or person having the duties of a sheriff that there are prisoners confined in the jail who may be put to work upon the roads, highways, or streets, if there is such work upon the roads, highways, or streets, shall provide for the payment of additional expenses of guarding such prisoners while performing such work. Such prisoners shall not be used for the purpose of building any bridge or structure of like character that requires the employment of skilled labor.    (Deleted by amendment,L. 2000, p. 1120, § 1, effective August 2, 2000.)    Except as described by the terms of a judgment, any person sentenced to and confined in the county jail shall perform labors under such rules and regulations as may be prescribed by the county commissioners or sheriff of the county in which the jail is situated.    Upon the written request of a majority of the board of county commissioners of any county, the sheriff shall detail such inmates in the county jail as in his or her judgment seems proper, not exceeding the number specified in the written request, to work upon such public roads and highways of the county or streets and alleys of any municipality within the county as are designated in the written request of the county commissioners. The county shall furnish all tools and materials necessary in the performance of the work. No such work shall be done within the limits of a municipality without the consent of the proper authorities thereof, but when such work is done within the limits of a municipality within such county, the municipality where the work is done shall pay all additional expenses of guarding the inmates while they perform the work and shall furnish all tools and necessary materials used in the work.     History. Source: L. 77: Entire title R&RE, p. 936, § 10, effective August 1. L. 2000: Entire section amended, p. 1120, § 1, effective August 2. L. 2017: (4) and (5) added,(HB 17-1015), ch. 71, p. 223, § 2, effective August 9.    Editor's note:   This section is similar to former § 27-26-107 as it existed prior to 1977.   ANNOTATION   The costs of maintaining and caring for those in the various institutions of the state, be they penal or medical, are recoverable. Only the manner of recovering the costs differ; able-bodied convicts are put to work, and the estates of the mentally deficient or criminally insane in public institutions are charged with costs of care. State v. Estate of Burnell, 165 Colo. 205 , 439 P.2d 38, appeal dismissed per curiam, 393 U.S. 13, 89 S. Ct. 46, 21 L. Ed. 2d 13, reh'g denied, 393 U.S. 992, 89 S. Ct. 441, 21 L. Ed. 2d 458 (1968) (decided under repealed § 27-26-107 ).