reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 1 - GENERAL PROVISIONS (§§ 17-26-101 — 17-26-140) › Section 17-26-136 - [Repealed]

L. 86: Entire section added, p. 761, § 1, effective April 24. L. 96: Entire section repealed, p. 559, § 12, effective April 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 1 - GENERAL PROVISIONS (§§ 17-26-101 — 17-26-140) › Section 17-26-137 - [Repealed]

Amended by 2017 Ch. 379,§5, eff. 6/6/2017.
L. 2008: Entire section added, p. 924, § 3, effective July 1. L. 2017: Entire section amended, (HB 17-1369), ch. 379, p. 1951, § 5, effective June 6.
Subsection (2) provided for the repeal of this section, effective July 1, 2017. (See L. 2017, p. 1951.)
For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 1 - GENERAL PROVISIONS (§§ 17-26-101 — 17-26-140) › Section 17-26-138 - [Repealed]

L. 2008: Entire section added, p. 906, § 1, effective May 20. L. 2009: Entire section repealed, (SB 09-209), ch. 23, p. 109, §1, effective March 18.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 1 - GENERAL PROVISIONS (§§ 17-26-101 — 17-26-140) › Section 17-26-139 - [Repealed]

L. 2009: Entire section added, (SB 09-006), ch. 403, p. 2219, §3, effective (see editor's note).
The revisor of statutes did not receive the notice specified in §
42-2-311
by June 30, 2012; therefore, this section is repealed as provided in subsection (2) of this section, effective July 1, 2012. (See L. 2009, p. 2219.)
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 2 - [Repealed] (§ 17-26-201) › Section 17-26-201 - to 17-26-208 - [Repealed]

L. 94: Entire part repealed, p. 1362, § 6, effective July 1.
This part 2 was added in 1989.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 3 - RESTRICTIVE HOUSING IN JAILS (§§ 17-26-301 — 17-26-304) › Section 17-26-301 - Legislative declaration

(1)
The general assembly finds that:
(a)
Placing individuals with serious mental illness in restrictive housing, also known as solitary confinement, within a local jail is inappropriate and causes further harm to the individual;
(b)
According to the National Commission on Correctional Health Care, prolonged solitary confinement is cruel, inhumane, and degrading treatment and harmful to an individual's health, and juveniles, individuals with serious mental illness, and pregnant women should be excluded from solitary confinement of any duration;
(c)
The World Health Organization, United Nations, and other international bodies have recognized that solitary confinement is harmful to health;
(d)
Psychological effects caused by placement in isolation can include self-harm, suicide, paranoia, psychosis, cognitive disturbances, perceptual distortions, obsessive thoughts, anxiety, and depression;
(e)
Studies have shown that the psychological stress created from solitary confinement compares to the distress of physical torture. According to United States District Judge Thelton Henderson, putting an individual with a serious mental illness in solitary confinement is the equivalent of putting a person with asthma in a place with little air.
(f)
In 2012, a task force appointed by the United States attorney general concluded that nowhere is the damaging impact of incarceration on vulnerable children more obvious than when it involves solitary confinement. Juveniles experience symptoms of paranoia, anxiety, and depression even after very short periods of isolation.
(g)
The United Nations Standard Minimum Rules for the Treatment of Prisoners state that solitary confinement should be prohibited in cases involving children and in the case of adults with mental or physical disabilities when their conditions would be exacerbated by such measures; and
(h)
International standards established by the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders state that pregnant women should never be placed in solitary confinement as they are especially susceptible to its harmful psychological effects.
(2)
Therefore, the general assembly declares that due to the substantial negative impacts of placing juveniles and adults with specific health conditions in restrictive housing, the state must take immediate steps to end and prohibit the use of restrictive housing of juveniles and adults with specific health conditions in Colorado jails.
Amended by 2022 Ch. 395, § 2, eff. 6/7/2022.
Added by 2021 Ch. 322, § 1, eff. 7/1/2023.
L. 2021: Entire part added, (HB 21-1211), ch. 1974, p. 1974, § 1, effective 7/1/2022.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 3 - RESTRICTIVE HOUSING IN JAILS (§§ 17-26-301 — 17-26-304) › Section 17-26-302 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Intellectual or developmental disability" means a disability attributable to an intellectual or developmental condition, as defined in the latest edition of the diagnostic and statistical manual of the American psychiatric association, or related conditions constituting a severe or profound disability.
(2)
"Local jail" means a jail or an adult detention center of a county or city and county with a capacity of more than four hundred beds.
(3)
"Medical professional" means a registered nurse registered pursuant to section
12-255-111
, a physician assistant licensed pursuant to section
12-240-113
, or a medical doctor or doctor of osteopathy licensed pursuant to article
240
of title
12
.
(4)
"Mental health professional" means a mental health professional licensed or certified pursuant to article
245
of title
12
, except it does not include unlicensed psychotherapists pursuant to article
245
of title
12
; an advanced practice registered nurse registered pursuant to section
12-255-111
with training in substance use disorders or mental health; or a physician assistant licensed pursuant to section
12-240-113
with specific training in substance use disorders or mental health.
(5)
"Postpartum period" means one year after a pregnancy has ended.
(6)
"Restrictive housing" means the state of being involuntarily confined in one's cell for approximately twenty-two hours per day or more with very limited out-of-cell time, movement, or meaningful human interaction whether pursuant to disciplinary, administrative, or classification action.
(7)
"Serious mental illness" means one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impair judgment or capacity to recognize reality or to control behavior and that substantially interfere with the person's ability to meet the ordinary demands of living. These can include, but are not limited to, a psychotic disorder, bipolar disorder, or major depressive disorder or any diagnosed mental disorder, except for substance use disorders, currently associated with serious impairment of psychological, cognitive, or behavioral functioning.
Amended by 2022 Ch. 395, § 2, eff. 6/7/2022.
Added by 2021 Ch. 322, § 1, eff. 7/1/2023.
L. 2021: Entire part added, (HB 21-1211), ch. 1975, p. 1975, § 1, effective 7/1/2022.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26 - JAILS (§§ 17-26-101 — 17-26-304) › Part 3 - RESTRICTIVE HOUSING IN JAILS (§§ 17-26-301 — 17-26-304) › Section 17-26-304 - Screening in jails

(1)
A local jail shall use an adequate screening tool to complete a health screening of each individual upon arrival at the facility by health-trained or qualified health-care personnel as part of the admission procedures. If a local jail is unable to perform a health screening on an individual due to intoxication or another reason that makes the person temporarily incapacitated, the jail shall document the reason for the delay in the health screening and shall complete the health screening no later than twenty-four hours after an individual's arrival at the facility. A local jail is not required to complete a health screening if prohibited by a court order. The screening includes at least the following:
(a)
Inquiry into:
(I)
Current and past illnesses, health conditions, or special health requirements;
(II)
History of suicidal ideation or self-injurious behavior attempts; past or current serious mental illness, including hospitalizations; and history of special education;
(III)
All legal and illegal drug use, including any current withdrawal symptoms;
(IV)
Current or recent pregnancy;
(V)
Serious neurocognitive issues such as past traumatic brain injuries or dementia; and
(VI)
Present or past prescribed medications; and
(b)
Observation of:
(I)
General appearance and behavior, including state of consciousness, mental status, appearance, and conduct;
(II)
Physical condition, including ease of movement;
(III)
Evidence of abuse or trauma and the condition of the individual's skin, including bruises and lesions; and
(IV)
Behavior, tremors, and sweating.
(2)
An individual must not be placed in restrictive housing until the health screening required by subsection (1) of this section is complete and has been documented.
(3)
If local jail personnel who are health-trained perform the screening, the personnel shall call a medical or mental health professional if indications of a positive screen are identified during the screening.
Amended by 2022 Ch. 395, § 2, eff. 6/7/2022.
Added by 2021 Ch. 322, § 1, eff. 7/1/2023.
L. 2021: Entire part added, (HB 21-1211), ch. 1980, p. 1980, § 1, effective 7/1/2022.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26.5 - MULTIJURISDICTIONAL JAILS (§§ 17-26.5-101 — 17-26.5-102) › Section 17-26.5-101 - Multijurisdictional jails - authorized

The general assembly hereby authorizes any county, city and county, city, or the department of corrections of the state of Colorado to enter into a contract or contracts with each other in accordance with part 2 of article
1
of title
29
, C.R.S., to design, locate, construct, and operate a multijurisdictional jail for the incarceration of county, city and county, city, or state prisoners. In the alternative, the described governmental entities may enter into the necessary contracts with a private contractor for the provision and operation of such jail.
L. 90: Entire article added, p. 940, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 26.5 - MULTIJURISDICTIONAL JAILS (§§ 17-26.5-101 — 17-26.5-102) › Section 17-26.5-102 - Contracts for multijurisdictional jails - requirements

(1)
Any contract or contracts for the creation of a multijurisdictional jail as described in section
17-26.5-101
shall contain the following requirements:
(a)
An agreement regarding involvement by each of the governmental entities in the predesign planning, design, location, and construction of such a jail facility or involvement in any agreement to obtain a private contractor to provide a jail facility and the operation thereof;
(b)
An agreement regarding involvement by each of the governmental entities in construction management and oversight for such a jail facility;
(c)
An agreement regarding involvement by each of the governmental entities in financing the construction of such a jail facility;
(d)
An agreement regarding involvement by each of the governmental entities in financing and providing for staffing and operation of such jail facility, which may provide for staffing and operation solely by any county, city and county, or city with financial assistance from the state department of corrections or any other governmental entity involved, or staffing and operation through a joint staffing and operation agreement between any county, city and county, or city and the state department of corrections, if the department is involved in the multijurisdictional jail facility;
(e)
An agreement regarding involvement by each of the governmental entities in financing and providing for programs for such jail facility;
(f)
An agreement regarding utilization of such jail facility by each of the governmental entities involved in the multijurisdictional jail facility. However, if the state department of corrections is involved in the facility, such agreement shall provide that a proportionate number of beds in the facility, equal to the proportionate percentage of the financing of the construction and operation of the facility which was provided by the state department of corrections bears to the entire cost of the construction and operation of the facility, shall be reserved for utilization by the state department of corrections if such beds are needed by the department. Any such beds so reserved shall be counted by the department as available beds when determining the number of beds available in the state correctional system.
L. 90: Entire article added, p. 941, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-101 - Legislative declaration

The general assembly hereby declares that it is the purpose of this article to establish and maintain community corrections programs which provide the courts, the department of corrections, and the state board of parole with more flexibility and a broader range of correctional options for offenders under the jurisdiction of such entities. It is the further purpose of this article to increase public safety and promote community-based correctional programming through collaboration between the state of Colorado and local units of government. It is also the purpose of this article to give local units of government the authority to designate the programs, boards, and networks established under this article to address local criminal justice needs with resources other than those appropriated pursuant to this article.
L. 93: Entire article R&RE, p. 708, § 1, effective July 1.
This section is similar to former § 17-27-101 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-101.5 - Purposes of community corrections

(1)
The purpose of this article 27, with respect to community corrections, is to:
(a)
Further all purposes of sentencing and improve public safety by reducing the incidence of future crime through design and implementation of research-based policies, practices, programs, and standards;
(b)
Prepare, select, and assist people who, after serving a statutorily defined period of incarceration, will be transitioned and returned to the community through supported partnerships with local community corrections boards;
(c)
Set individualized conditions of community corrections supervision and provide services and support to assist people in community corrections in addressing identified risks and needs; and
(d)
Achieve a successful discharge from community corrections supervision through reduction of risks and needs and satisfactory compliance with conditions of placement.
Added by 2017 Ch. 82,§ 1, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1147), ch. 82, p. 255, § 1, effective August 9.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-103.5 - Statements relating to a transitional referral to community corrections

(1)
Pursuant to the provisions of section
24-4.1-302.5(1)
(j.5), C.R.S., a victim shall have the right to provide a written victim impact statement and a separate oral statement to a community corrections board considering an offender's transitional referral to community corrections.
(2)
(a)
(I)
A community corrections board shall allow, within the parameters set by the board, an offender who is under consideration for transitional placement in a community corrections program under the board's jurisdiction to provide a written statement to the community corrections board concerning the offender's transition plan and community support and the appropriateness of placing the offender in a community corrections program.
(II)
If an offender elects to submit a written statement to a community corrections board pursuant to subparagraph (I) of this paragraph (a), and the offender provides a written statement to the department pursuant to the procedures and time frame established by the department, the department shall include the statement with any referral to a community corrections board considering the offender's transitional referral to a community corrections program.
(b)
A community corrections board may allow, within the parameters set by the board, an offender to designate a person other than the offender to submit a written statement or give an oral statement on the offender's behalf to a community corrections board considering the offender's transitional referral to a community corrections program.
(3)
A community corrections board shall develop written policies and procedures consistent with the provisions of this section and section
24-4.1-302.5(1)
(j.5), C.R.S., that are available to the public concerning the parameters for written and oral statements by victims and the permissibility of and the parameters for a written or oral statement by a person designated by an offender.
(4)
Nothing in this section shall be construed to require the department or a community corrections board to provide transportation or make arrangements for the appearance at a community corrections hearing of an offender or, if permitted by a community corrections board, the person designated by the offender pursuant to paragraph (b) of subsection (2) of this section to give an oral statement or to submit a written statement on the offender's behalf.
(5)
The department shall not be required to provide notice to any person, other than a registered victim, of a community corrections board hearing relating to the offender.
L. 2010: Entire section added, (SB 10-159), ch. 306, p. 1443, §1, effective August 11.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-105 - [Repealed]

L. 93: Entire article R&RE, p. 713, § 1, effective July 1. L. 94: (1)(i) amended, p. 927, § 1, effective April 28; (3)(a) amended, p. 2595, § 2, effective June 3. L. 95: (2)(b) amended, p. 1276, § 13, effective June 5. L. 96: (1)(a) amended, p. 1690, § 22, effective 1/1/1997. L. 97: (2)(b) amended, p. 30, § 8, effective March 20. L. 98: (2)(b) amended, p. 318, § 2, effective July 1. L. 99: (1)(j) amended and (1)(k) added, p. 660, § 1, effective July 1. L. 2000: (3)(b) repealed, p. 230, § 3, effective March 29. L. 2001: (1)(k)(II) repealed, p. 527, § 1, effective May 22. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
This section was relocated to §
18-1.3-301
in 2002.
For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-105.7 - [Repealed]

L. 2002: Entire section added, p. 807, § 2, effective July 1. L. 2003: (1)(a) and (4)(c) amended, p. 416, § 5, effective March 5. L. 2005: (1)(a) and (4)(c) amended, p. 4, § 8, effective January 1.
Subsection (5) provided for the repeal of this section, effective July 1, 2005. (See L. 2002, p. 807.)
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-106 - Escape from custody from a community corrections program

(1)
(a)
If an offender fails to remain within the extended limits of such offender's confinement or placement or fails to return within the time prescribed to any community corrections program to which such offender was assigned or transferred or if any offender who participates in a program established under the provisions of this article leaves such offender's place of employment or, having been ordered by the executive director of the department of corrections or the chief probation officer of the judicial district to return to the community corrections program, neglects or fails to do so, such offender 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., and all reductions in sentence authorized by part 2 of article
22.5
of this title shall be forfeited.
(b)
(I)
In addition to the forfeiture of all reductions in sentence authorized by part 2 of article
22.5
of this title, any person convicted of escape from custody from a community correction program in violation of paragraph (a) of this subsection (1) shall also forfeit all reductions in sentence authorized by section
18-1.3-301(1)(i)
, C.R.S.
(II)
Repealed.
(2)
The division of criminal justice is hereby authorized to provide notice to appropriate law enforcement agencies and the sentencing court, if applicable, that there is probable cause to believe that an offender has escaped from custody.
L. 93: Entire article R&RE, p. 716, § 1, effective July 1. L. 95: Entire section amended, p. 81, § 3, effective March 23. L. 99: (1) amended, p. 661, § 2, effective July 1. L. 2001: (1)(b)(II) repealed, p. 527, § 2, effective May 22. L. 2002: (1)(b)(I) amended, p. 1508, § 170, effective October 1.
This section is similar to former § 17-27-108 as it existed prior to 1993.
For the legislative declaration contained in the 2002 act amending subsection (1)(b)(I), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27 - COMMUNITY CORRECTIONS PROGRAMS (§§ 17-27-101 — 17-27-108) › Section 17-27-107 - Administrative procedure act not to apply

The provisions of this article shall not be subject to the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.
L. 93: Entire article R&RE, p. 717, § 1, effective July 1.
This section is similar to former § 17-27-112 as it existed in 1993.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.5 - INTENSIVE SUPERVISION PROGRAMS (§§ 17-27.5-101 — 17-27.5-106) › Section 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.
L. 86: Entire article RC&RE, p. 764, § 6, effective May 28. L. 89: Entire section R&RE, p. 883, § 1, effective July 1. L. 91: Entire section amended, p. 342, § 2, effective June 1. L. 93: Entire section amended, p. 44, § 1, effective July 1. L. 95: Entire section amended, p. 1276, § 14, effective June 5. L. 96: (1) amended, p. 842, § 1, effective May 23. L. 98: (1)(a) and (1)(b)(I) amended, p. 319, § 3, effective July 1. L. 2002: (2) amended, p. 1508, § 171, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.5 - INTENSIVE SUPERVISION PROGRAMS (§§ 17-27.5-101 — 17-27.5-106) › Section 17-27.5-103 - Confinement in county jail

Where the community corrections administrator of an intensive supervision program has cause to believe that an offender placed in the program has violated any rule or condition of his or her placement or cannot be safely supervised in that program, the administrator shall certify to the supervising community parole officer the facts that are the basis for his or her belief and execute a transfer order to the sheriff of the county in which the program is being operated, who shall confine the offender in the county jail pending a determination by the supervising community parole officer as to whether or not the offender shall remain in the program.
L. 89: Entire section added, p. 884, § 2, effective July 1. L. 2008: Entire section amended, p. 659, § 12, effective April 25.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.5 - INTENSIVE SUPERVISION PROGRAMS (§§ 17-27.5-101 — 17-27.5-106) › Section 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).
Amended by 2021 Ch. 459, § 9, eff. 7/6/2021.
Amended by 2017 Ch. 94, § 1, eff. 8/9/2017.
L. 89: Entire section added, p. 885, § 2, effective July 1. L. 2017: Entire section amended, (SB 17 -048), ch. 286, p. 286, § 1, effective August 9. L. 2021: (1), (2), and (3) amended, (SB 21-146), ch. 3085, p. 3085, § 9, effective July 6.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.5 - INTENSIVE SUPERVISION PROGRAMS (§§ 17-27.5-101 — 17-27.5-106) › Section 17-27.5-105 - [Repealed]

L. 89: Entire section added, p. 885, § 2, effective July 1. L. 96: Entire section amended, p. 843, § 3, effective May 23. L. 98: Entire section repealed, p. 729, § 14, effective May 18.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.5 - INTENSIVE SUPERVISION PROGRAMS (§§ 17-27.5-101 — 17-27.5-106) › Section 17-27.5-106 - Authority of state board of parole to utilize intensive supervision programs

An offender who is granted parole or whose parole is modified may be required by the state board of parole, as a condition of such parole, to participate in an intensive supervision program as defined by this article; except that the offender shall not be subject to the authority of the local community corrections board under section
17-27.5-102(3)
.
L. 89: Entire section added, p. 885, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.7 - REGIMENTED INMATE DISCIPLINE AND TREATMENT PROGRAM (§§ 17-27.7-101 — 17-27.7-105) › Section 17-27.7-101 - Legislative declaration

It is the intent of the general assembly that the program established pursuant to this article shall benefit the state by reducing prison overcrowding and shall benefit persons who have been convicted of offenses and placed in the custody of the department by promoting such person's personal development and self-discipline.
L. 90: Entire article added, p. 963, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.7 - REGIMENTED INMATE DISCIPLINE AND TREATMENT PROGRAM (§§ 17-27.7-101 — 17-27.7-105) › Section 17-27.7-102 - Regimented inmate training programs - authorization - standards for operation

(1)
The department may develop and implement a regimented inmate training program. Any regimented inmate training program shall include, but shall not be limited to, the following aspects:
(a)
A military-styled intensive physical training and discipline program;
(b)
An educational and vocational assessment and training program emphasizing job seeking skills;
(c)
A health education program; and
(d)
A drug and alcohol education and treatment program which shall be structured as an integral part of the entire regimented inmate training program.
(2)
The department may establish and enforce standards for the regimented inmate training program and each of the aspects thereof described in subsection (1) of this section.
(3)
The regimented inmate training program shall be structured in such a manner that any offender who is assigned to the program by the executive director shall remain in the program for a period of ninety days, unless removed from the program and reassigned by the executive director for unsatisfactory performance. The executive director may authorize an extension of the program for any offender not to exceed thirty days when such extension will allow the offender to be considered for probation under rule 35b of the Colorado rules of criminal procedure.
L. 90: Entire article added, p. 963, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.7 - REGIMENTED INMATE DISCIPLINE AND TREATMENT PROGRAM (§§ 17-27.7-101 — 17-27.7-105) › Section 17-27.7-103 - Regimented inmate training program - eligibility of offenders

(1)
The executive director may assign an inmate to a regimented inmate training program pursuant to section
17-40-102(2)
. The executive director shall assign to a regimented inmate training program only those inmates who are nonviolent offenders thirty years of age or younger who are not serving a sentence and have not served a previous sentence in a correctional facility for an unlawful sexual behavior offense described in section
16-22-102(9)
, a crime of violence described in section
18-1.3-406
, an assault offense described in part 2 of article
3
of title
18
, or a child abuse offense described in part 4 of article
6
of title
18
; or who are not presently serving a sentence for a nonviolent offense that was reduced from an unlawful sexual behavior offense described in section
16-22-102(9)
, a crime of violence described in section
18-1.3-406
, an assault offense described in part 2 of article
3
of title
18
, or a child abuse offense described in part 4 of article
6
of title
18
, as a result of a plea agreement; or who are not aliens subject to a removal order. Any offender assigned to the program must be free of any physical or mental disability that could jeopardize his or her ability to complete the program. The department may eliminate any offender from the program upon a determination by the department that a physical disability or a mental health disorder will prevent full participation in the program by the offender. The department is absolved of liability for participation in the program.
(2)
The executive director shall assign no more than one hundred offenders to the regimented inmate training program at any one time. No more than a maximum of four hundred offenders shall be assigned to the program in any one year. However, the executive director may assign offenders to the program to replace those offenders who fail to complete the program.
Amended by 2018 Ch. 35,§ 18, eff. 8/8/2018.
Amended by 2017 Ch. 50,§ 9, eff. 3/16/2017.
L. 90: Entire article added, p. 964, § 1, effective June 7. L. 92: (1) amended, p. 254, § 1, effective March 16. L. 2002: (1) amended, p. 1508, § 172, effective October 1. L. 2004: (1) amended, p. 187, § 1, effective April 1. L. 2017: (1) amended, (HB 17-1046), ch. 50, p. 158, § 9, effective March 16. L. 2018: (1) amended, (SB 18-091), ch. 35, p. 386, § 18, effective August 8.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.7 - REGIMENTED INMATE DISCIPLINE AND TREATMENT PROGRAM (§§ 17-27.7-101 — 17-27.7-105) › Section 17-27.7-104 - Acceptance and completion of the program by an offender - reconsideration of sentence

(1)
The department, upon acceptance of an offender into the program, shall immediately notify the court of such acceptance.
(2)
(a)
If an offender successfully completes a regimented inmate training program, such offender, within sixty days of termination or completion of the program, shall automatically be referred to the sentencing court so that the offender may make a motion for reduction of sentence pursuant to rule 35 (b) of the Colorado rules of criminal procedure.
(b)
The department shall submit a report to the court concerning such offender's performance in the program. Such report may recommend that the offender be placed in a specialized probation or community corrections program. The court may not summarily deny the offender's motion without a complete consideration of all pertinent information provided by the offender, the offender's attorney, and the district attorney. The court may issue an order modifying the offender's sentence and placing the offender on probation or in a community corrections program.
(b.5)
Notwithstanding the fact that the offender's case is on appeal, the sentencing court shall retain jurisdiction to consider and rule on motions for reconsideration filed pursuant to this subsection (2).
(c)
(I)
Any motion filed pursuant to paragraph (a) of this subsection (2) shall be given priority for consideration by the sentencing court. An offender who successfully completes the regimented inmate training program within twenty-eight months prior to such offender's parole eligibility date shall be eligible for placement in a community corrections program operated pursuant to article
27
of this title.
(II)
An offender placed in a community corrections program pursuant to subparagraph (I) of this paragraph (c) may be required to participate in a structured, transitional discipline program in such community corrections program for six months or until completion of the offender's sentence, whichever occurs first.
(III)
Upon satisfactory completion of the community corrections program, an offender whose sentence has not been completely served may be required to participate in the intensive supervision program pursuant to section
17-27.5-102
.
L. 90: Entire article added, p. 964, § 1, effective June 7. L. 95: Entire section amended, p. 184, § 1, effective April 7. L. 98: (2)(c)(I) amended, p. 318, § 1, effective July 1. L. 2007: (2)(b.5) added, p. 557, § 3, effective April 16.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.7 - REGIMENTED INMATE DISCIPLINE AND TREATMENT PROGRAM (§§ 17-27.7-101 — 17-27.7-105) › Section 17-27.7-105 - [Repealed]

L. 90: Entire article added, p. 964, § 1, effective June 7. L. 96: Entire section repealed, p. 1267, § 186, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.8 - HOME DETENTION PROGRAMS (§§ 17-27.8-101 — 17-27.8-106) › Section 17-27.8-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Home detention" means an alternative correctional sentence or term of probation supervision wherein a defendant convicted of any felony, other than a class 1 or violent felony, is allowed to serve his sentence or term of probation, or a portion thereof, within his home or other approved residence. Such sentence or term of probation shall require the offender to remain within his approved residence at all times except for approved employment, court-ordered activities, and medical needs.
(2)
"Offender" means any person who has been convicted of or who has received a deferred sentence for a felony, other than a class 1 or violent felony.
L. 90: Entire article added, p. 967, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.8 - HOME DETENTION PROGRAMS (§§ 17-27.8-101 — 17-27.8-106) › Section 17-27.8-102 - [Repealed]

L. 90: Entire article added, p. 967, § 1, effective July 1. L. 94: (1)(d) added, p. 2041, § 23, effective July 1. L. 95: (1)(d) amended, p. 569, § 8, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-105
.
For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.8 - HOME DETENTION PROGRAMS (§§ 17-27.8-101 — 17-27.8-106) › Section 17-27.8-103 - Home detention program - contracted by department of public safety

(1)
The division of criminal justice of the department of public safety is hereby authorized to contract with private entities to develop, administer, and operate home detention programs which may be utilized by any sentencing judge pursuant to section
18-1.3-105(1)
, C.R.S.
(2)
Any home detention program developed pursuant to subsection (1) of this section shall include each of the following components:
(a)
Supervision of the offender by personal monitoring by a home detention officer employed by the entity operating the home detention program;
(b)
Supervision of the offender through monitoring by electronic devices which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and
(c)
Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education.
L. 90: Entire article added, p. 968, § 1, effective July 1. L. 2002: (1) amended, p. 1509, § 173, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.8 - HOME DETENTION PROGRAMS (§§ 17-27.8-101 — 17-27.8-106) › Section 17-27.8-104 - Home detention program - operated by the judicial department

(1)
The judicial department is hereby authorized to develop, administer, and operate a home detention program which may be utilized by any sentencing judge pursuant to section
18-1.3-105(1)
, C.R.S., or to contract with the division of criminal justice of the department of public safety for the utilization of home detention programs contracted for by that division.
(2)
Any home detention program developed pursuant to subsection (1) of this section shall include each of the following components:
(a)
Supervision of the offender by personal monitoring by a probation officer employed by the judicial department, or a home detention officer employed by a private entity operating a home detention program;
(b)
Supervision of the offender through monitoring by electronic devices which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and
(c)
Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education.
L. 90: Entire article added, p. 969, § 1, effective July 1. L. 93: (1) amended, p. 1776, § 37, effective June 6. L. 2002: (1) amended, p. 1509, § 174, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.8 - HOME DETENTION PROGRAMS (§§ 17-27.8-101 — 17-27.8-106) › Section 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.
L. 90: Entire article added, p. 969, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.8 - HOME DETENTION PROGRAMS (§§ 17-27.8-101 — 17-27.8-106) › Section 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)
.
L. 90: Entire article added, p. 969, § 1, effective July 1.