2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 1 - ADMINISTRATIVE ORGANIZATION ACT OF 1968 (§§ 24-1-101 — 24-1-138) › Section 24-1-128.5 - Department of corrections - creation

(1)
There is hereby created a department of corrections, the head of which shall be the executive director of the department of corrections, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section
24-20-109
.
(1.5)
The department of corrections shall supervise and control each correctional facility, as defined in section
17-1-102
. The powers, duties, and functions of the department of corrections include the powers, duties, and functions of the former department of institutions relating to honor camps, work release programs, and other adult correctional programs. The powers, duties, and functions of the department of corrections also include the powers, duties, and functions of the former division of parole in the department of institutions, and the division of parole in the department of institutions is abolished. The executive director of the department of corrections has the powers and duties specified in title 17.
(2)
The department of corrections consists of the following divisions:
(a)
The division of adult parole, the head of which is the director of the division of adult parole. The division of adult parole is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of corrections.
(b)
The division of correctional industries, the head of which is the director of the division of correctional industries. The division supervises and controls correctional industries programs in this state. The division is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of corrections.
(c)
(Deleted by amendment, L. 2000, p. 859, § 73, effective May 24, 2000.)
(3)
The state board of parole, created in part 2 of article
2
of title
17
, is a
type 1
entity, as defined in section
24-1-105
.
(3.5)
The division of correctional industries includes, as a section thereof, the Colorado state agency for surplus property, created in part 4 of article
82
of this title 24. The agency is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of corrections. The agency is allocated to the division of correctional industries as a section thereof.
(4)
Any powers, duties, and functions relating to adult corrections which were previously vested in the department of institutions and are not specifically transferred to the department of corrections shall be assigned thereto by the governor.
Amended by 2022 Ch. 469, § 201, eff. 8/10/2022.
L. 77: Entire section added, p. 950, § 15, effective July 13. L. 79: (2)(a) amended, p. 702, § 75, effective June 21. L. 86: (3.5) added, pp. 755, 886, §§ 4, 12, effective July 1. L. 90: (2)(c) added, p. 977, § 5, effective July 1. L. 2000: (2)(a) and (2)(c) amended, p. 859, § 73, effective May 24. L. 2010: (1.5) added and (2)(a) amended, (SB 10 -130), ch. 106, p. 355, § 1, effective April 15.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).