reglab/housing_qa huggingface dataset:
CO Code § 17-1-203 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 2 - Corrections Privatization - Requests for Proposals Process|§ 17-1-203. Powers and Duties Not Delegable to Contractor

  A contract executed pursuant to this part 2 shall not be construed as authorizing, allowing, or delegating authority to the contractor to:   Choose the correctional facility to which an inmate is initially assigned or subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The executive director and the contractor shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private contract prison. The department and the contractor must comply with the cooperative agreement.    Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department of corrections;    Make a final determination on a disciplinary action that affects the liberty of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody.    Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit earned time;    Make recommendations to the state board of parole with respect to the denial or granting of parole or release; however, the contractor may submit written reports to the state board of parole and shall respond to any written request by the state board of parole for information;    Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the department;    Determine inmate eligibility for any form of release from a correctional facility.        History. Source: L. 95: Entire part added, p. 1269, § 1, effective June 5. L. 2000: (1)(a) amended, p. 838, § 20, effective May 24.    ANNOTATION   Subsection (1)(c) sets forth three separate circumstances in which a contractor may remove a prison inmate from the general prison population. The clause “before final resolution of a disciplinary hearing” is a separate category and does not modify the phrase “during an emergency”. Gatrell v. Kurtz, 207 P.3d 916 (Colo. App. 2009).   Because private prison lacks authority to make a final determination on a disciplinary action that affects the liberty of an inmate, timely filing of an appeal is measured from the date of the private prison's monitoring unit's decision and not the date of the warden's decision. Geerdes v. Colo. Dept. of Corr., 226 P.3d 1261 (Colo. App. 2010).
CO Code § 17-1-204 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 2 - Corrections Privatization - Requests for Proposals Process|§ 17-1-204. Background Checks

  The Colorado bureau of investigation may accept fingerprints of individuals who apply for employment at a private correctional facility and who shall be subject to background checks in accordance with section 17-1-202 (1)(a)(I).    For the purpose of conducting background checks, to the extent provided for by federal law, the Colorado bureau of investigation may exchange with the department state, multistate, and federal criminal history records of individuals who apply for employment at a private correctional facility.     History. Source: L. 95: Entire part added, p. 1270, § 1, effective June 5.
CO Code § 17-1-205 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 2 - Corrections Privatization - Requests for Proposals Process|§ 17-1-205. Contract Termination - Control of a Correctional Facility by the Department

 A contractor shall submit a detailed plan for the department to assume temporary responsibility for a private contract prison when the contract between the state and the contractor terminates. The state, through the executive director, may terminate the contract for cause, including but not limited to failure to obtain or maintain facility accreditation, after written notice of material deficiencies and after sixty workdays have been provided to the contractor to correct the material deficiencies. If any event occurs involving the noncompliance with or violation of contract terms and presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume responsibility for the private contract prison. In addition, a contractor shall submit a plan for the temporary assumption of operations and purchase of a private contract prison by the department in the event of bankruptcy or the financial insolvency of the contractor. The contractor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events. The plan shall comply with applicable national correctional standards. Nothing in this section shall be construed to require the state to assume the responsibility for the operation of private contract prisons and costs associated with contractual termination described in this section. If the state chooses, it may assume responsibility upon approval by the general assembly through the enactment of legislation.   History. Source: L. 95: Entire part added, p. 1270, § 1, effective June 5. L. 2000: Entire section amended, p. 838, § 21, effective May 24.
CO Code § 17-1-206 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 2 - Corrections Privatization - Requests for Proposals Process|§ 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.   History. Source: L. 95: Entire part added, p. 1271, § 1, effective June 5. L. 2000: Entire section amended, p. 838, § 22, effective May 24.
CO Code § 17-1-206.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 2 - Corrections Privatization - Requests for Proposals Process|§ 17-1-206.5. Preparole Release and Revocation Facility - Community Return-to-Custody Facility

  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).    The prison described in subsection (1) of this section shall contain at least three hundred beds and incarcerate any of the following:   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;    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    Offenders whose parole has been revoked; except that such incarceration shall be for no more than ninety days.       Repealed.     History. Source: L. 2001: Entire section added, p. 501, § 1, effective May 16. L. 2002: (2)(a) and (2)(b) amended, p. 1499, § 157, effective October 1. L. 2003: (3) added, p. 2679, § 6, effective July 1. L. 2017: (2)(c) amended and (3) repealed,(HB 17-1326), ch. 394, p. 2029, § 3, effective August 9. L. 2019: (1) amended,(SB 19-143), ch. 286, p. 2660, § 7, effective May 28.    Editor's note:   The provisions of this section as enacted by House Bill 01-1370 were renumbered on revision to conform to statutory format.   Cross references:   For the legislative declaration contained in the 2002 act amending subsections (2)(a) and (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017.
CO Code § 17-1-207 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 2 - Corrections Privatization - Requests for Proposals Process|§ 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) .   History. Source: L. 95: Entire part added, p. 1271, § 1, effective June 5.
CO Code § 17-2-100.2 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 1 - Division of Adult Parole|§ 17-2-100.2. Legislative Intent Regarding Parole

 The general assembly hereby finds and declares that the primary consideration for any decision to grant parole shall be the public safety. The general assembly further finds and declares that, since parole is a privilege granted by the general assembly and not a right guaranteed under the state or federal constitutions, if the parolee violates the conditions of his parole, that privilege may be revoked.   History. Source: L. 87: Entire section added, p. 650, § 1, effective July 1.
CO Code § 17-2-101 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 1 - Division of Adult Parole|§ 17-2-101. Division of Adult Parole

 In order to promote the maximum efficiency, economy, and continuity of services in carrying out the purposes of this part 1, the division of administration created by the “State Parole Reorganization Act of 1951”, formerly transferred to the department of institutions and identified as the division of parole, and the director thereof are hereby transferred by a type 3 transfer to the department of corrections as the division of adult parole and the director thereof, and the division of parole is abolished. The division shall be organized as directed by the executive director.   History. Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 2000: Entire section amended, p. 839, § 23, effective May 24.    Editor's note:    This section is similar to former § 17-1-101 as it existed prior to 1977.    The “State Parole Reorganization Act of 1951” was originally entitled the “State Department of Parole, Reorganization Act of 1951” (seeL. 51, p. 333, § 1 and § 17-1-101, C.R.S. 1973, as that section existed prior to August 1, 1977).     Cross references:   For transfers, see § 24-1-105 (3) .
CO Code § 17-2-103.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 1 - Division of Adult Parole|§ 17-2-103.5. Revocation Proceedings - Parolee Arrested for Certain Offenses

     Notwithstanding any provision of section 17-2-103, a community parole officer shall file a complaint seeking revocation of the parole of any parolee who:   Is found in possession of a deadly weapon as defined in section 18-1-901, C.R.S.;    Is arrested and charged with:   A felony;    A crime of violence as defined in section 16-1-104 (8.5), C.R.S.;    A misdemeanor assault involving a deadly weapon or resulting in bodily injury to the victim;    Sexual assault in the third degree as defined in section 18-3-404 (2), C.R.S., as it existed prior to July 1, 2000; or    Unlawful sexual contact as defined in section 18-3-404 (2), C.R.S.; or       Has removed or tampered with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole; except that, before making such an arrest, the community parole officer shall first determine that the notification of removal or tampering was not merely the result of an equipment malfunction.       A community parole officer shall present to the district attorney of the proper judicial district for the purpose of prosecution all the facts ascertained by the community parole officer and all other papers, documents, or evidence pertaining thereto that the community parole officer has in his or her possession for any parolee found in possession of a weapon pursuant to section 18-12-108, C.R.S.    A hearing relating to such revocation shall be held, unless a board member is advised that a criminal charge is still pending or where the parolee does not request revocation, in which case the hearing shall be delayed until a disposition concerning the criminal charge is reached.       If the hearing officer or board member conducting the hearing pursuant to subsection (1) of this section finds the parolee guilty of the conduct charged but decides against revoking the parole of the parolee, the record of such hearing shall be reviewed within fifteen days of the decision by two members of the board, exclusive of the board member who conducted the hearing, who may overturn the decision and order the parole to be revoked.     History. Source: L. 87: Entire section added, p. 651, § 6, effective July 1. L. 89: (1) amended, p. 863, § 6, effective April 12. L. 94: (1) amended, p. 2602, § 14, effective June 3. L. 2000: (1) amended, p. 633, § 4, effective July 1. L. 2008: IP(1)(a) and (1)(b) amended, p. 656, § 5, effective April 25; (1)(a)(II)(C) and (1)(a)(II)(D) amended and (1)(a)(II)(E) added, p. 1887, § 48, effective August 5. L. 2014: (1)(a)(II)(E) amended and (1)(a)(III) added,(HB 14-1044), ch. 199, p. 728, § 3, effective May 15. L. 2015: (1)(c) amended,(HB 15-1122), ch. 37, p. 89, § 4, effective March 20.    Cross references:   For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015.
CO Code § 17-2-104 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 1 - Division of Adult Parole|§ 17-2-104. Records - Reports - Publications

  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.    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.     History. Source: L. 77: Entire title R&RE, p. 911, § 10, effective August 1. L. 2000: (1) amended, p. 841, § 26, effective May 24.    Editor's note:   This section is similar to former § 17-1-104 as it existed prior to 1977.   ANNOTATION   Confidential records subject to subpoena and court inspection. Although the parole board's records may be considered to be confidential and not accessible to the public, this should not insulate the records from subpoena and inspection by the court when a prisoner makes out a prima facie case of abuse of discretion or caprice on the part of the board in parole revocation proceedings. Martinez v. Patterson, 429 F.2d 844 (10th Cir. 1970), cert. denied, 402 U.S. 934, 91 S. Ct. 1528, 28 L. Ed. 2d 868 (1971) (decided under former § 17-1-104 as it existed prior to the 1977 repeal and reenactment of this title).
CO Code § 17-2-106 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 1 - Division of Adult Parole|§ 17-2-106. Branch Parole Offices - Acquisition - Duty to Inform Public

     The director of the division of adult parole shall contemporaneously send written notice to the chief executive officer of the municipality and the city council or board of trustees of the municipality in which the division intends to operate the branch parole office.    If the site of the branch parole office that the division intends to operate is not located within a municipality, the director of the division shall send written notice to the board of county commissioners of the county in which the division intends to operate the branch parole office.    For purposes of this section:   “Actual acquisition” means the legal process necessary to vest the department of corrections with fee title or a new leasehold interest in real estate that the division of adult parole intends to operate as a branch parole office in a new location.    “Branch parole office” means any real estate in this state that the division of adult parole, on behalf of the department of corrections, may acquire by purchase, leasehold, or other method for the purpose of operating an office to perform any function required or permitted by this title concerning parolee interview, reporting, testing, screening, and supervision.          A municipality or county notified pursuant to subsection (1) of this section may notify its residents and invite public review and comment on the division's selection of the branch parole office site through public meeting, public hearing, or any other public forum deemed appropriate by the municipality or county.    Nothing in this section shall be construed to hinder or prohibit the department of corrections, division of adult parole, from engaging in the selection or the actual acquisition of any site to operate as a branch parole office that the department or division determines will best enable the division to perform and exercise its duties and powers under this title.     History. Source: L. 2001: Entire section added, p. 662, § 2, effective August 8. L. 2002: (3) amended, p. 1016, § 21, effective June 1.    Cross references:   For the definition of “branch parole office” as it applies to this section, see also § 17-2-102 (10)(b) .
CO Code § 17-2-202.5 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 2 - State Board of Parole|§ 17-2-202.5. Administrative Hearing Officers and Release Hearing Officers - Qualifications - Duties

     To be eligible to serve as an administrative hearing officer or administrative law judge under contract with the board, an attorney shall have five years' experience in the practice of law and be knowledgeable of parole laws and guidelines, offender rehabilitation, correctional administration, the functioning of the criminal justice system, issues associated with victims of crime, the duties of parole board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections.    An administrative hearing officer or administrative law judge under contract with the board is required to complete twelve hours annually of continuing education or training consistent with section 17-2-201 (1)(e).    An administrative hearing officer or administrative law judge under contract with the board shall comply with the data and information collection on decision-making as required by section 17-22.5-404 (6) and shall transmit this information as directed by the chairperson or board policy.    The sole remedy for failure to comply with training and data collection requirements shall be termination of the employee, and the failure to comply with training and data collection requirements shall not create any right for any offender.         A release hearing officer shall have three years of relevant experience and be knowledgeable of parole laws and guidelines, offender rehabilitation, correctional administration, the functioning of the criminal justice system, the issues associated with victims of crime, the duties of parole board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections.    A release hearing officer under contract with the board is required to complete twelve hours annually of continuing education or training consistent with section 17-2-201 (1)(e).    A release hearing officer shall comply with the data and information collection on decision-making required by section 17-22.5-404 (6) and shall transmit this information as directed by the chairperson or board policy.    The sole remedy for failure to comply with training and data collection requirements shall be termination of the employee, and the failure to comply with training and data collection requirements shall not create any right for any offender.         History. Source: L. 2011: Entire section added,(SB 11-241), ch. 200, p. 835, § 5, effective May 23.
CO Code § 17-2-207 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 2 - Correctional Services|Part 2 - State Board of Parole|§ 17-2-207. Parole - Regulations

     Repealed.    Offenders on parole shall remain under legal custody and shall be subject at any time to be returned to a correctional facility.    From and after the suspension, cancellation, or revocation of the parole of any prisoner and until his return to custody, he shall be deemed a parole violator and fugitive from justice, and no part of the time during which he was on parole shall be deemed a part of his term.     History. Source: L. 77: Entire title R&RE, p. 915, § 10, effective August 1. L. 79: (1) and (3) amended, p. 689, § 31, effective July 1; (2) amended, p. 1635, § 26, effective July 1. L. 84: (1) and (2) repealed, p. 524, § 2, effective July 1. L. 85: (3) amended, p. 640, § 6, effective July 1. L. 2010: (3) amended,(HB 10-1374), ch. 261, p. 1181, § 4, effective May 25.    Editor's note:   This section is similar to former § 17-1-207 as it existed prior to 1977.   Cross references:   For other provisions concerning parole regulations, see § 17-22.5-104 .   ANNOTATION   Law reviews. For article, “Criminal Procedure in Colorado -- A Summary and Recommendations for Improvement”, see 22 Rocky Mt. L. Rev. 221 (1950).   Annotator's note. Since § 17-2-207 is similar to § 17-1-207 as it existed prior to the 1977 repeal and reenactment of this title, relevant cases construing that provision have been included in the annotations to this section.   A parolee is subject to restrictions which are not applicable to other citizens. People v. Salvador, 189 Colo. 181 , 539 P.2d 1273 (1975).   And he is not free from legal restraint by the penal authorities, but is constructively a prisoner of the state in the legal custody and under the control of the state department of institutions. Schooley v. Wilson, 150 Colo. 483 , 374 P.2d 353 (1962); People v. Lucero, 772 P.2d 58 (Colo. 1989).   One who is on parole is granted a special privilege to be outside the walls of the institution while serving his sentence as a matter of legislative grace. At the same time the parolee remains in constructive custody and is subject to be returned to the enclosure at any time. Hutchison v. Patterson, 267 F. Supp. 433 (D. Colo. 1967 ).   Release on parole in no way alters the fact that appellant is still under sentence; that he is in technical custody; and that he is under supervision. People v. Salvador, 189 Colo. 181 , 539 P.2d 1273 (1975); People v. Hunter, 738 P.2d 20 (Colo. App. 1986), aff'd, 757 P.2d 631 (Colo. 1988).   Probable cause and duty to arrest. Where parole agent was aware of appellant's status as a parole violator and as a fugitive, this knowledge constituted probable cause for appellant's arrest, which the parole officer had a duty to effect, with or without a warrant. People v. Bergstrom, 190 Colo. 105 , 544 P.2d 396 (1975).