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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 1 - APPLICABILITY (§§ 17-22.5-101 — 17-22.5-108) › Section 17-22.5-106 - [Repealed]

L. 84: Entire section added, p. 503, § 5, effective July 1. L. 85: Entire section amended, p. 644, § 5, effective July 1. L. 94: Entire section repealed, p. 2598, § 10, effective June 3.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 1 - APPLICABILITY (§§ 17-22.5-101 — 17-22.5-108) › Section 17-22.5-107 - Administrative release and revocation guidelines - creation

(1)
(a)
The division of criminal justice in the department of public safety, in consultation with the state board of parole, shall develop an administrative release guideline instrument for use by the board in evaluating applications for parole.
(b)
The administrative release guideline instrument shall be used to provide the state board of parole with consistent and comprehensive information relevant to the factors listed in section
17-22.5-404(4)(a)
. The instrument shall include a matrix of advisory-release-decision recommendations for the different risk levels.
(2)
(a)
The department of corrections, in consultation with the state board of parole, shall develop administrative revocation guidelines for use by the board in evaluating complaints filed for parole revocation.
(b)
The administrative revocation guidelines shall be used to provide the state board of parole with consistent and comprehensive information based on the factors identified in section
17-22.5-404(5)(a)
. The guidelines shall include a matrix of advisory-decision recommendations for the different risk levels.
L. 2010: Entire section added, (HB 10-1374), ch. 261, p. 1180, §3, effective May 25.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 1 - APPLICABILITY (§§ 17-22.5-101 — 17-22.5-108) › Section 17-22.5-108 - Appropriation of savings from earned time awarded for completing an accredited higher education program - budget request requirement

(1)
For state fiscal year 2024-25, and for each state fiscal year thereafter, the general assembly shall annually appropriate the savings incurred during the prior state fiscal year resulting from the deduction of earned time pursuant to section
17-22.5-405
(3.7) for completion of an accredited degree, certificate, or other credential program to the department of higher education created pursuant to section
24-1-114
for allocation to institutions of higher education that offer accredited degree, certificate, or other credential programs in a correctional facility.
(2)
Beginning with its annual budget request to the joint budget committee for state fiscal year 2024-25, and for each state fiscal year thereafter, the department shall include in its budget request an estimate of the savings accrued during the prior state fiscal year resulting from the deduction of earned time pursuant to section
17-22.5-405
(3.7) for completion of an accredited degree, certificate, or other credential program.
Added by 2023 Ch. 66,§ 2, eff. 8/7/2023.
2023 Ch. 66, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 2 - OFFENDERS SENTENCED FOR CRIMES COMMITTED PRIOR TO JULY 1, 1979 (§§ 17-22.5-201 — 17-22.5-203) › Section 17-22.5-203 - Time of parole not considered when inmate is reincarcerated

(1)
The paroled inmate, upon an order of the state board of parole, may be returned to the custody of the department according to the terms of his original sentence, and, in computing the period of his confinement, the time between his release and his return to said custody shall not be considered any part of the term of his sentence.
(2)
Parole shall not be construed in any sense to operate as a discharge of any inmate paroled under the provisions of law but simply a permit to any such inmate to go outside a correctional facility; and, if, while so at large, he behaves and conducts himself as not to incur his reincarceration, he shall be deemed to be still serving out the sentence imposed upon him by the court and shall be entitled to good time the same as if he had not been paroled, except as provided in subsection (3) of this section. If the said paroled inmate is returned to the department, he shall serve out his original sentence, as provided for in this part 2.
(3)
No inmate released on parole on or after July 1, 1981, shall be entitled to a good time deduction from his sentence while on parole. In the event that his parole is revoked, he shall become eligible for any good time deductions authorized pursuant to this article on the date he is returned to the custody of the department.
L. 84: Entire article R&RE, p. 520, § 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-301 - Good time

(1)
Each person sentenced for a crime committed on or after July 1, 1979, but before July 1, 1981, whose conduct indicates that he has substantially observed all of the rules and regulations of the institution or facility in which he has been confined and has faithfully performed the duties assigned to him shall be entitled to a good time deduction of fifteen days a month from his sentence. The good time authorized by this section shall vest quarterly and may not be withdrawn once it has vested. No more than forty-five days of good time may be withheld by the department in any three-month period of sentence.
(2)
Each person sentenced for a crime committed on or after July 1, 1981, but before July 1, 1985, shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall vest semiannually and no more than ninety days of good time may be withheld by the department in any six-month period of sentence.
(3)
Each person sentenced for a crime committed on or after July 1, 1985, shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall not vest and may be withheld or deducted by the department.
(4)
Nothing in this section shall be so construed as to prevent the department from withholding good time earnable in subsequent periods of sentence, but not yet earned, for conduct occurring in a given period of sentence.
L. 84: Entire article R&RE, p. 520, § 1, effective July 1. L. 85: (3) amended, p. 646, § 1, effective June 6. L. 98: (3) amended, p. 727, § 10, effective May 18.
This section is similar to former § 17-22.5-101 as it existed prior to 1984.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-303.3 - Violent offenders - parole

(1)
Any person sentenced for second degree murder, first degree assault, first degree kidnapping, unless the first degree kidnapping is a class 1 felony, first or second degree sexual assault, first degree arson, first degree burglary, or aggravated robbery, committed on or after July 1, 1987, who has previously been convicted of a crime of violence, shall be eligible for parole after he has served seventy-five percent of the sentence imposed less any time authorized for earned time pursuant to section
17-22.5-302
. Thereafter, the provisions of section
17-22.5-303(6) and (7)
shall apply.
(2)
Any person sentenced for any crime enumerated in subsection (1) of this section, who has twice previously been convicted for a crime of violence, shall be eligible for parole after he has served the sentence imposed less any time authorized for earned time pursuant to section
17-22.5-302
. Thereafter, the provisions of section
17-22.5-303(6) and (7)
shall apply.
(3)
The governor may grant parole to an offender to whom this section applies before such offender's parole eligibility date if, in the governor's opinion, extraordinary mitigating circumstances exist and such offender's release from institutional custody is compatible with the safety and welfare of society.
L. 87: Entire section added, p. 655, § 12, effective July 1. L. 88: (1) amended, p. 1435, § 28, effective June 11.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-303.5 - [Repealed]

L. 85: Entire section added, p. 650, § 5, effective July 1. L. 87: (1) amended and (5) to (7) added, p. 655, § 13, effective July 1. L. 88: (2)(a)(IX) amended and (2)(a)(XI) added, p. 697, § 4, effective July 1. L. 90: (1) amended, p. 925, § 7, effective March 27; (2)(a)(XII) added, p. 977, § 4, effective July 1. L. 91: Entire section repealed, p. 335, § 2, 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-304 - Part affects only certain inmates

The good time provisions of this part 3 are effective July 1, 1979, and shall apply only to those persons convicted of crimes committed on or after said date. No person subject to the good time provisions of part 2 of this article shall be eligible for any of the provisions authorized by this part 3.
L. 84: Entire article R&RE, p. 523, § 1, effective July 1. L. 85: Entire section amended, p. 652, § 6, effective July 1; Entire section amended, p. 1372, § 51, 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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-305 - Eligibility for other statutory provisions

(1)
No person subject to the provisions of section
17-22.5-301(1)
shall be eligible for any of the time limit and vesting provisions of section
17-22.5-301(2) or (3)
or
17-22.5-302(4)
.
(2)
No person subject to the provisions of section
17-22.5-301(2)
shall be eligible for any of the time limit and vesting provisions of section
17-22.5-301(1) or (3)
or
17-22.5-302(4)
.
(3)
No person subject to the provisions of section
17-22.5-301(3)
shall be eligible for any of the time limit and vesting provisions of section
17-22.5-301(1) or (2)
or
17-22.5-302(3)
.
L. 84: Entire article R&RE, p. 523, § 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-306 - Transfer of functions

The executive director shall, on and after July 1, 1984, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations formerly vested in the state board of parole with respect to the earned time provisions of section
17-22.5-302
. Notwithstanding any other provision of law to the contrary, the state board of parole shall carry out all of its other functions as if this section had not been enacted.
L. 84: Entire article R&RE, p. 523, § 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 3 - OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 (§§ 17-22.5-301 — 17-22.5-307) › Section 17-22.5-307 - Consecutive or concurrent sentences - clarification of mittimus

(1)
If the department receives custody of a defendant who is sentenced to serve two or more terms of incarceration in the custody of the department, and any mittimus concerning the defendant's sentence or sentences does not clearly indicate whether the defendant's sentences are to be served consecutively or concurrently, then the department shall seek clarification in writing from the court regarding the defendant's sentence or sentences. The department shall seek such clarification not more than two business days after the department's receipt of the mittimus.
(2)
A court that receives a written request from the department pursuant to subsection (1) of this section shall respond to the department and clarify the mittimus in question in order to accurately reflect the sentence previously entered in open court. The court shall provide such clarification in writing not more than two business days after receiving the request. The court shall provide a copy of the court's response to the counsel of record for the prosecution and the defense.
(3)
Until the department obtains clarification of the mittimus from the court, the department shall not make any determination of the defendant's parole eligibility date or mandatory release date.
Added by 2013 Ch. 325,§ 1, eff. 5/28/2013.
L. 2013: Entire section added, (HB 13-1323), ch. 325, p. 1816, § 1, effective May 28.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 4 - PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY (§§ 17-22.5-401 — 17-22.5-407) › Section 17-22.5-401 - Legislative declaration

The general assembly hereby declares that if any inmate does not demonstrate positive behavior during incarceration, such inmate should be required to serve out the full sentence imposed upon such inmate. If any inmate does demonstrate positive behavior during incarceration, such inmate should be considered for release from incarceration prior to the end of the full sentence imposed upon him. Therefore, the general assembly, in enacting this part 4, intends to provide standards whereby any inmate can earn a reduction of incarceration time and to provide incentives for inmates to demonstrate positive behavior during incarceration.
L. 90: Entire part added, p. 946, § 19, 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 4 - PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY (§§ 17-22.5-401 — 17-22.5-407) › Section 17-22.5-402 - Discharge from custody

(1)
No inmate shall be discharged from the department until he has remained the full term for which he was sentenced, to be computed on and after the date upon which the sentence becomes effective and excluding any time the inmate may have been at large by reason of escape therefrom, unless he is pardoned or otherwise released by legal authority.
(2)
Notwithstanding subsection (1) of this section, the full term for which an inmate is sentenced shall be reduced by any earned release time and earned time granted pursuant to section
17-22.5-405
, except as provided in section
17-22.5-403(3)
and (3.5).
(3)
This part 4 shall not apply to any offender to whom section
17-22.5-104(2)(a), (2)(b), (2)(c), (2)(d)(I), (2)(d)(II), or (2)(d)(III)
applies.
(4)
A person discharged from a correctional facility without supervision is eligible to receive reentry support services from the department or community-based organizations that receive funding from the department to provide reentry services for up to one year after the person's date of discharge.
Amended by 2019 Ch. 286,§ 5, eff. 5/28/2019.
L. 90: Entire part added, p. 947, § 19, effective June 7. L. 2004: (2) amended, p. 1741, § 2, effective June 4. L. 2006: (3) amended, p. 1053, § 4, effective May 25. L. 2009: (2) amended, (HB 09-1351), ch. 1867, p. 1867, § 2, effective June 1. L. 2019: (4) added, (SB 19-143), ch. 2659, p. 2659, § 5, effective May 28.
For the legislative declaration contained in the 2006 act amending subsection (3), see section 1 of chapter 228, Session Laws of Colorado 2006.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 4 - PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY (§§ 17-22.5-401 — 17-22.5-407) › Section 17-22.5-404.5 - Presumption of parole - drug offenders

(1)
There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:
(a)
Is serving a sentence for which the controlling term of incarceration is based on a felony possession or use offense described in section
18-18-404
, or section
18-18-405
, C.R.S., as it existed prior to August 11, 2010;
(b)
Has not incurred a class I code of penal discipline violation within the last twelve months or a class II code of penal discipline violation within the last three months;
(c)
Is program-compliant;
(d)
Was not convicted of, and has not previously been convicted of, a felony crime described in section
18-3-303
,
18-3-305
,
18-3-306
, or
18-6-701
; sections
18-7-402
to
18-7-407
; or section
18-12-102
or
18-12-109
, C.R.S.; or a felony crime listed in section
24-4.1-302(1)
, C.R.S.; and
(e)
Does not have an active felony or immigration detainer.
(2)
Notwithstanding any provision of law to the contrary, an inmate who is eligible for the presumption in subsection (1) of this section shall have a parole release hearing within ninety days after becoming eligible for the presumption in subsection (1) of this section.
(3)
If the parole board grants parole to an inmate pursuant to subsection (1) of this section, the parole board shall require as a condition of parole that the parolee participate in substance abuse treatment consistent with the assessed treatment need of the parolee.
(4)
Repealed.
(5)
Nothing in this section shall be construed to limit the discretion of the parole board in considering the statutory release guidelines in section
17-22.5-404
or the administrative release guidelines developed pursuant to section
17-22.5-107(1)
in making a decision regarding an inmate's application for release to parole.
L. 2011: Entire section added, (HB 11-1064), ch. 234, p. 1009, §1, effective May 27.
Subsection (4)(b) provided for the repeal of subsection (4), effective February 1, 2016. (See L. 2011, p. 1010.)
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 4 - PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY (§§ 17-22.5-401 — 17-22.5-407) › Section 17-22.5-404.7 - Presumption of parole - nonviolent offenders with ICE detainers

(1)
There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:
(a)
Has been assessed by the Colorado risk assessment scale developed pursuant to section
17-22.5-404(2)(a)
, to be medium risk or below of reoffense;
(b)
Is not serving a sentence for a felony crime described in section
18-3-303
,
18-3-306
, or
18-6-701
, C.R.S.; sections
18-7-402
to
18-7-407
, C.R.S.; or section
18-12-102
or
18-12-109
, C.R.S.; section
18-17-104
, C.R.S., or section
18-18-407
, C.R.S.; or a felony crime listed in section
24-4.1-302(1)
, C.R.S.; and
(c)
Has an active detainer lodged by the United States immigration and customs enforcement agency.
(2)
In determining whether to grant parole pursuant to provisions of subsection (1) of this section, the board shall consider the cost of incarceration to the state of Colorado in relation to the needs of further confinement of the inmate to achieve the purpose of the inmate's sentence.
(3)
(a)
The state board of parole may release an eligible inmate, pursuant to subsection (1) of this section, only to the custody of the United States immigration and customs enforcement agency or other law enforcement agency with authority to execute the detainer on behalf of the United States immigration and customs enforcement agency.
(b)
If the United States immigration and customs enforcement agency withdraws the detainer or declines to take the inmate into custody, the state board of parole shall hold a recission hearing to reconsider the granting of parole to the inmate.
(c)
If the United States immigration and customs enforcement agency issues an order of deportation for the inmate, the department of corrections shall submit a request to the state board of parole to discharge parole.
(d)
A denial of parole by the state board of parole pursuant to this section shall not affect an inmate's eligibility for another form of parole or release applicable under law.
(4)
The board may consider the application for parole pursuant to the proceedings set forth in section
17-2-201(4)(f)
or
17-2-201(9)(a)
.
(5)
For inmates who were parole eligible before May 23, 2011, the department shall notify the state board of parole of any of those inmates who meet the criteria listed in subsection (1) of this section, and the board shall either set a release hearing or conduct a release review within ninety days after May 23, 2011.
L. 2011: Entire section added, (SB 11-241), ch. 200, p. 838, §8, effective May 23.
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 22.5 - INMATE AND PAROLE TIME COMPUTATION (§§ 17-22.5-101 — 17-22.5-407) › Part 4 - PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY (§§ 17-22.5-401 — 17-22.5-407) › Section 17-22.5-407 - [Repealed]

L. 2001: Entire section added, p. 957, § 6, effective July 1. L. 2002: Entire section amended, p. 1153, § 10, effective July 1. L. 2006: (2) added by revision, pp. 1690, 1693, §§ 8, 17.
Subsection (2) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, pp. 1690, 1693.)
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 23 - INMATES WITH A BEHAVIORAL OR MENTAL HEALTH DISORDER OR AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY - TRANSFER (§§ 17-23-101 — 17-23-103) › Section 17-23-101 - Transfer of an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability

(1)
(a)
The executive director, in coordination with the executive director of the department of human services, may only transfer an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability and who cannot be safely confined in a correctional facility to an appropriate facility operated by the department of human services for observation and stabilization if the department of corrections follows the policy established pursuant to subsection (1)(b) of this section. The costs associated with care provided in the facility operated by the department of human services are charged to the department of human services.
(b)
On or before August 1, 2015, the department of corrections shall develop and maintain a policy that provides for due process guarantees prior to the transfer of an inmate who cannot be safely confined in a correctional facility to a facility operated by the department of human services for observation and stabilization.
(2)
(Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.)
(3)
The executive director of the department of human services may transfer to a correctional facility a person who is receiving care at the Colorado mental health institute at Pueblo or Fort Logan only if the person is serving a sentence to the department.
(4)
(Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.)
Amended by 2017 Ch. 263, § 132, eff. 5/25/2017.
Amended by 2015 Ch. 117, § 1, eff. 4/24/2015.
L. 77: Entire title R&RE, p. 926, § 10, effective August 1. L. 79: (1), (2), and (4) amended, p. 697, § 59, effective July 1. L. 91: (1), (3), and (4) amended, p. 1143, § 7, effective May 18. L. 94: (1) amended, p. 604, § 9, effective July 1; (3) amended, p. 2652, § 129, effective July 1. L. 2000: Entire section amended, p. 846, § 43, effective May 24. L. 2006: (1) and (3) amended, p. 1398, § 46, effective August 7. L. 2015: (1) and (3) amended, (HB 15-1269), ch. 117, p. 354, § 1, effective April 24. L. 2017: (1)(a) amended, (SB 17-242), ch. 263, p. 1303, § 132, effective May 25.
This section is similar to former § 27-23-101 as it existed prior to 1977.
(1) For records required upon transfer, see § 17-1-108 . (2) For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, 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 23 - INMATES WITH A BEHAVIORAL OR MENTAL HEALTH DISORDER OR AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY - TRANSFER (§§ 17-23-101 — 17-23-103) › Section 17-23-102 - Transfer of recovered inmate

When the superintendent of an institution or facility in which a person has been placed by transfer from a correctional facility, as provided in section
17-23-101
, is of the opinion that the person is stabilized or cannot be safely confined in the institution or facility, it is the duty of the superintendent to give written notice of such recovery or safety concerns to the executive director who shall transfer the person to the place of former commitment for the purpose of serving out his or her sentence, if the same has not expired.
Amended by 2015 Ch. 117,§ 2, eff. 4/24/2015.
L. 77: Entire title R&RE, p. 926, § 10, effective August 1. L. 79: Entire section amended, p. 698, § 60, effective July 1. L. 94: Entire section amended, p. 604, § 10, effective July 1. L. 2000: Entire section amended, p. 847, § 44, effective May 24. L. 2015: Entire section amended, (HB 15-1269), ch. 117, p. 355, § 2, effective April 24.
This section is similar to former § 27-23-102 as it existed prior to 1977.
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 23 - INMATES WITH A BEHAVIORAL OR MENTAL HEALTH DISORDER OR AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY - TRANSFER (§§ 17-23-101 — 17-23-103) › Section 17-23-103 - [Repealed]

Repealed by 2015 Ch. 117,§3, eff. 4/24/2015.
L. 77: Entire title R&RE, p. 927, § 10, effective August 1. L. 79: (1)(d) and (2) amended, p. 698, § 61, effective July 1. L. 91: IP(1), (1)(d), and (2) amended, p. 1144, § 8, effective May 18. L. 2015: Entire section repealed, (HB 15-1269), ch. 117, p. 355, § 3, effective April 24.
This section was similar to former § 27-23-103 as it existed prior to 1977.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-101 - Short title

This article shall be known and may be cited as the "Correctional Industries Act".
L. 77: Entire title R&RE, p. 927, § 10, effective August 1.
This section is similar to former § 27-25-101 as it existed prior to 1977.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-102 - Legislative declaration

(1)
The general assembly finds and declares that, to the extent possible, all inmates should participate in programs that promote successful rehabilitation, reentry, and reintegration into the community. Therefore, it is the general assembly's intent to create a division of correctional industries to develop rehabilitation and work programs inside and outside of the department's facilities to promote inmates' successful rehabilitation, reentry, and reintegration into the community.
(2)
It is the general assembly's intent that the division of correctional industries collaborate with the department to perform all duties and functions for correctional industries.
Amended by 2022 Ch. 51,§4, eff. 3/30/2022.
L. 77: Entire title R&RE, p. 927, § 10, effective August 1. L. 79: (2) amended, p. 698, § 62, effective July 1. L. 80: IP(1), (1)(a), and (1)(b) amended, p. 525, § 2, effective March 25.
This section is similar to former § 27-25-102 as it existed prior to 1977.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-103 - Definitions

As used in this article 24, unless the context otherwise requires:
(1)
"Able-bodied offender" means an offender in the custody of the department who is to participate in a work program or other productive activity authorized by this article and who is physically able to do so. The term does not include an offender who is participating in a community corrections program, who is a part of the "blind count", or who is ill or unable to participate in a work program or other productive activity.
(2)
"Director" means the director of the division of correctional industries.
(3)
"Division" means the division of correctional industries created in section
17-24-104
.
(4)
"External program" means a rehabilitation and work program administered by the division in partnership with employers outside of department facilities. "External program" does not include educational services or other productive activities administered by the division of adult parole.
(5)
"Internal program" means a rehabilitation and work program that is provided inside a department facility, is administered by the division, and may be in partnership with employers outside of department facilities. "Internal program" does not include educational services or other productive activities administered by the division of adult parole.
(6)
"Programs" means external programs and internal programs.
Amended by 2022 Ch. 51,§5, eff. 3/30/2022.
L. 77: Entire title R&RE, p. 928, § 10, effective August 1. L. 80: Entire section R&RE, p. 526, § 3, effective March 25. L. 2000: (4) amended, p. 864, § 64, effective May 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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-105 - Personnel

(1)
The director shall have considerable business operations experience, including the supervision and management of production operations.
(2)
The director shall have the authority to determine the personnel needs and requirements of the programs and shall have the authority to hire all subordinate personnel pursuant to section 13 of article XII of the state constitution.
L. 77: Entire title R&RE, p. 929, § 10, effective August 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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-106.3 - Revenue bonds - authority - issuance - requirements - covenants

(1)
(a)
Subject to the prior approval of the correctional industries advisory committee acting by resolution in accordance with the provisions of section
17-24-104(5)
and from both houses of the general assembly acting either by bill or joint resolution, the division may, in accordance with the requirements of subsection (2) of this section, authorize and issue revenue bonds in an amount not to exceed one million dollars in the aggregate for expenses of the division.
(b)
All bonds issued by the division shall provide that:
(I)
No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and
(II)
The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the division for expenses as designated in such bond.
(2)
Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the division shall advertise the sale in such manner as the general assembly authorizes by bill or joint resolution. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery.
(3)
Notwithstanding any provisions of the law to the contrary, all bonds issued pursuant to this section are negotiable.
(4)
Bonds issued under this section shall be valid and binding obligations, regardless of whether, prior to the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to serve in their official capacities.
(5)
(a)
Except as otherwise provided in a resolution authorizing bonds pursuant to the provisions of section
17-24-104(5)
, all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor.
(b)
Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.
L. 94: Entire section added, p. 315, § 3, effective March 22.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-106.5 - [Repealed]

L. 79: Entire section added, p. 709, § 1, effective May 22. L. 80: Entire section repealed, p. 528, § 2, effective February 29.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-107 - Records

The account of all moneys received by and disbursed on behalf of the division shall also be a public record. Any public record of the division shall be open for inspection by any citizen.
L. 77: Entire title R&RE, p. 930, § 10, effective August 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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-108 - Disclosure of interests

Any employee or any other agent or adviser of the division who has a direct or indirect interest in any contract or transaction with the division shall disclose this interest to the division. No such employee or other agent or adviser having such an interest shall participate on behalf of the division in the authorization of any such contract or transaction.
L. 77: Entire title R&RE, p. 930, § 10, effective August 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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-109 - Required programs

(1)
The division shall establish programs that provide license plates and highway signs for the state.
(2)
Repealed.
(3)
All vocational training programs, personnel, inventories, and equipment shall be resources dedicated to the establishment of the correctional industries program.
(4)
The executive director shall designate a portion of the real property at each correctional institution as an industry area, and all facilities and buildings within this area are assigned to the division in cooperation with the division of adult parole. The responsibility for the upkeep of these facilities, buildings, and grounds is vested in the division.
Amended by 2017 Ch. 125,§ 1, eff. 8/9/2017.
L. 77: Entire title R&RE, p. 930, § 10, effective August 1. L. 79: (1) amended, p. 698, § 63, effective July 1. L. 80: (4) amended, p. 526, § 5, effective March 25. L. 2000: (4) amended, p. 864, § 65, effective May 24. L. 2017: (1) and (4) amended and (2) repealed, (HB 17-1125), ch. 125, p. 431, § 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-109.5 - License plates - highway signs

(1)
The division may purchase such equipment, machinery, and other materials as may be necessary to manufacture and deliver motor vehicle license plates, temporary registration plates and certificates, validating tabs or decals, road signs, markers, and metal badges used by any department and manufactured under the authority of this article. Each year the executive director of the department of revenue shall estimate the number of license plates, temporary registration plates and certificates, and validating tabs or decals that will be required and the cost of manufacturing thereof for the year such estimate is made and shall certify such estimates to the joint budget committee of the general assembly.
(2)
During the year the estimate required by subsection (1) of this section is made and certified by the executive director of the department of revenue from the sale of motor vehicle license plates, temporary registration plates and certificates, and validating tabs or decals, the joint budget committee shall consider the estimate in making its budget recommendation for the division of correctional industries to the general assembly. Any amounts appropriated by the general assembly for the purposes of this section shall be used and expended by the division of correctional industries to purchase such equipment and machinery, including repairs thereof, sheet steel or aluminum, paints, enamels, and other materials and support services as may be necessary to manufacture and deliver as a finished product motor vehicle license plates required by the executive director of the department of revenue to be furnished under the motor vehicle laws of this state.
Amended by 2015 Ch. 334, § 4, eff. 1/1/2016, applicable to temporary registrations issued on or after 7/1/2016. See editor's note.
L. 78: Entire section added, p. 359, § 1, effective May 2. L. 87: (2) amended, p. 663, § 2, effective July 1. L. 88: Entire section amended, p. 705, § 1, effective 7/1/1989. L. 99: (2) amended, p. 550, § 1, effective May 7. L. 2015: Entire section amended, (SB 15-090), ch. 334, p. 1360, § 4, effective (see editor's note).
Section 6(1)(b) and 6(2) of chapter 334 (SB 15-090), Session Laws of Colorado 2015, provides that changes to this section take effect only if the department of revenue receives enough gifts, grants, and donations for materials, start-up costs, and computer programming necessary to implement this act, and take effect January 1, 2016, only if the revisor of statutes receives written notice that such funds were received. The revisor of statutes received the required notice, dated February 12, 2016.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-109.8 - [Repealed]

L. 80: Entire section added, p. 529, § 1, effective May 1.
Subsection (6) provided for the repeal of this section, effective December 31, 1980. (See L. 80, p. 529.)
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-110 - Financial payment incentives

(1)
The division shall establish a system of financial payments for inmates who participate in internal programs.
(2)
The diagnostic services unit of the division of adult parole shall provide to the division personnel testing services that perform a vocational assessment of work experience and training needs; and from the superintendent of each such institution, security services at the work site, in addition to perimeter and scheduled security, when the division and the superintendent determine such additional services are reasonably necessary to ensure the safety of the public, the staff, and the inmates.
(3)
Repealed.
(4)
The director and the director of the division of adult parole are authorized to negotiate resource allocations for the exchange of services set forth in this section, subject to the annual review by the joint budget committee and the governor and appropriation by the general assembly. Payment rates shall be negotiated and set before the exchange of any of the services.
Amended by 2022 Ch. 51,§7, eff. 3/30/2022.
Amended by 2017 Ch. 125,§2, eff. 8/9/2017.
L. 77: Entire title R&RE, p. 930, § 10, effective August 1. L. 2000: (2) and (4) amended, p. 857, § 66, effective May 24. L. 2017: (3) repealed, (HB 17-1125), ch. 125, p. 431, § 2, 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) › FACILITIES (§§ 17-18-101 — 17-26.5-102) › Article 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-112 - Pricing

(1)
The division shall fix and determine the prices for internal program labor, goods, and services. The prices for industry products must be as near the prevailing market prices for similar quality goods and services as is practical. The prices, other than prices for agricultural products, must not exceed the wholesale market prices for like articles and products in the case of sales to the state or its political subdivisions, or the prevailing retail market prices for like articles and products in the case of sales to the general public.
(2)
The division shall prepare catalogs containing the description of all goods and services produced, with the price of each item. Copies of such catalogs shall be sent by the division to all state agencies and shall be available for political subdivisions of the state and the federal government.
(3)
The director shall ensure that the level of quality for goods and services produced is comparable to similar goods and services available from the private sector. The director shall determine if the quality of goods and services produced is approximately the same as the quality requested by the purchasing agencies and departments. The sale of such goods or services shall not give rise to any warranties, but, in the case of a sale to a state agency or political subdivision, if the quality of the goods or services is not approximately the same as that requested, the director shall refund the purchase price or replace the goods or services. In the case of a sale of surplus goods or services, no refund or replacement shall be made after ninety days from the date of the sale.
Amended by 2022 Ch. 51,§8, eff. 3/30/2022.
L. 77: Entire title R&RE, p. 932, § 10, effective August 1.
This section is similar to former § 27-25-108 as it existed prior to 1977.
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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-114 - Provisions for inmates - rules

(1)
The director, in collaboration with the department, shall determine inmate work assignments within the division. Each inmate work assignment must take into account the diagnostic services unit recommendation of employment training needs of the inmate, the security classification of the inmate as determined by the superintendent of each correctional institution, and the rehabilitation, reentry, and reintegration needs of the inmate.
(2)
The director shall establish the compensation rate for the inmates working in internal programs. Payment rates must be established on an annual basis after review by the joint budget committee and by appropriation of the general assembly. The director shall not compensate an inmate if the inmate refuses to participate in an available rehabilitation and work program.
(3)
(Deleted by amendment, L. 2022.)
(4)
The division has the power to establish rules governing the employment, conduct, and management of inmates while assigned to internal programs. All such rules pertaining to the payment, employment, conduct, and management of inmates must be published and posted for inmates.
Amended by 2022 Ch. 51,§9, eff. 3/30/2022.
L. 77: Entire title R&RE, p. 934, § 10, effective August 1. L. 78: (2) amended, p. 360, § 2, effective May 2. L. 80: (2) amended, p. 526, § 6, effective March 25. L. 90: (3) amended, p. 954, § 23, effective May 25. L. 96: (3) amended, p. 1149, § 8, effective June 1. L. 2000: (2) and (3) amended, p. 857, § 67, effective May 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 24 - CORRECTIONAL INDUSTRIES (§§ 17-24-101 — 17-24-126) › Section 17-24-115 - Rules and regulations

Pursuant to article
4
of title
24
, C.R.S., the director has the power to promulgate the rules and regulations which are deemed necessary for the implementation of this article.
L. 77: Entire title R&RE, p. 934, § 10, effective August 1.
This section is similar to former § 27-25-110 as it existed prior to 1977.