reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 20.5 - INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM (§§ 16-20.5-101 — 16-20.5-108) › Section 16-20.5-103 - Colorado integrated criminal justice information system program - executive board

(1)
There is hereby established the Colorado integrated criminal justice information system program, referred to in this article as the "program". The program shall be a joint effort of the criminal justice agencies and other approved agencies. The program shall be implemented, maintained, supported, and enhanced by the criminal justice information program executive board, which is hereby created and referred to in this article as the "executive board". Membership of the executive board shall be comprised initially of the executive directors of the department of public safety, department of corrections, department of human services, and Colorado district attorneys council and the state court administrator. The executive board shall unanimously designate a chief information officer. Upon unanimous agreement, the executive board may approve the addition of either voting or nonvoting members.
(2)
The executive board shall be responsible and accountable for the program. The program shall include mechanisms to enable the criminal justice agencies to share data stored in each agency's information system. Initially, the program shall maximize the use of existing databases and platforms through the use of a virtual database created by a network linking existing databases and platforms among the various departments. The program shall also develop plans for new interoperable system platforms when the existing platforms become obsolete.
L. 95: Entire article added, p. 599, § 1, effective May 22. L. 96: Entire section R&RE, p. 1031, § 3, effective May 23. L. 2005: Entire section amended, p. 86, § 3, effective March 25.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 20.5 - INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM (§§ 16-20.5-101 — 16-20.5-108) › Section 16-20.5-104 - [Repealed]

L. 95: Entire article added, p. 600, § 1, effective May 22. L. 96: Entire section repealed, p. 1032, § 4, effective May 23.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 20.5 - INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM (§§ 16-20.5-101 — 16-20.5-108) › Section 16-20.5-105 - [Repealed]

L. 96: Entire section added, p. 1032, § 5, effective May 23. L. 98: Entire section repealed, p. 942, § 3, effective May 27.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 20.5 - INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM (§§ 16-20.5-101 — 16-20.5-108) › Section 16-20.5-106 - [Repealed]

L. 96: Entire section added, p. 1033, § 5, effective May 23. L. 98: Entire section repealed, p. 943, § 4, effective May 27.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 20.5 - INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM (§§ 16-20.5-101 — 16-20.5-108) › Section 16-20.5-107 - Future modifications and purchases

(1)
The executive board shall develop and maintain a process to determine if and how changes to existing criminal justice applications impact the integrated network. Changes to criminal justice applications, databases, platforms, or business processes that have an impact on the integrated network must be coordinated through and approved by the executive board.
(2)
Any state-funded expenditures by a criminal justice agency for computer platforms, databases, or applications in support of criminal justice applications shall be reviewed and approved by the executive board. The executive board shall make recommendations concerning such purchases to all appropriate budgetary approval agencies.
L. 96: Entire section added, p. 1033, § 5, effective May 23. L. 2005: Entire section amended, p. 86, § 4, effective March 25.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 20.5 - INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM (§§ 16-20.5-101 — 16-20.5-108) › Section 16-20.5-108 - [Repealed]

L. 96: Entire section added, p. 1034, § 5, effective May 23. L. 98: Entire section repealed, p. 944, § 5, effective May 27.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 21 - OFFENDER-BASED TRACKING SYSTEM (§§ 16-21-101 — 16-21-105) › Section 16-21-101 - Legislative declaration

The general assembly hereby finds and declares that the creation of an offender-based tracking system is necessary in order to improve the consistency of data shared by the different elements of the criminal justice system and to allow for the tracking of offenders through the criminal justice system. The general assembly further finds and declares that the offender-based tracking system should be operated through the Colorado integrated criminal justice information system program.
L. 87: Entire article added, p. 647, § 1, effective July 1. L. 2005: Entire section amended, p. 87, § 5, effective March 25.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 21 - OFFENDER-BASED TRACKING SYSTEM (§§ 16-21-101 — 16-21-105) › Section 16-21-102 - "Offender" defined

Except as otherwise provided in section
16-21-103
, for the purposes of this article, "offender" means any person charged as an adult with a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section
42-4-1301
, C.R.S., or a crime, the underlying factual basis of which included an act of domestic violence, as defined in section
18-6-800.3 (1)
, C.R.S.
L. 87: Entire article added, p. 647, § 1, effective July 1. L. 94: Entire section amended, p. 2039, § 19, effective July 1; entire section amended, p. 2551, § 39, effective 1/1/1995.
Amendments to this section in House Bill 94-1253 and Senate Bill 94-1 were harmonized.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 21 - OFFENDER-BASED TRACKING SYSTEM (§§ 16-21-101 — 16-21-105) › Section 16-21-104 - Fingerprinting - ordered by court

(1)
If the offender has not been fingerprinted and photographed for the charges pending before the court, the court at the first appearance of the offender after the filing of charges shall order the offender to report to the investigating agency within fourteen days for fingerprinting and photographing. The investigating agency shall endorse upon a copy of the order the completion of the fingerprinting and photographing and return the same to the court. At least one set of fingerprints and one set of photographs ordered pursuant to this section shall be forwarded by the investigating agency to the Colorado bureau of investigation in a form and manner prescribed by such bureau.
(2)
Any fingerprints required by this section to be forwarded shall be forwarded within twenty-four hours after completion; except that such time period shall not include Saturdays, Sundays, and legal holidays.
L. 87: Entire article added, p. 648, § 1, effective July 1. L. 91: (1) amended, p. 442, § 10, effective May 29. L. 92: Entire section amended, p. 257, § 3, effective June 3. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 861, § 99, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 21 - OFFENDER-BASED TRACKING SYSTEM (§§ 16-21-101 — 16-21-105) › Section 16-21-104.5 - Electronic signatures - validity

The information contained in an electronic signature, as defined in section
16-21-103(1)(a)
(III.5), sent between agencies using CICJIS, as defined in section
16-20.5-102
, shall be presumed to be valid on its face without signed hard copy.
L. 2005: Entire section added p. 88, § 8, effective March 25.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 21 - OFFENDER-BASED TRACKING SYSTEM (§§ 16-21-101 — 16-21-105) › Section 16-21-105 - Applicability of article to municipal courts - local law enforcement

(1)
The provisions of this article concerning the duty of a law enforcement agency to identify on the face of a complaint, summons, or summons and complaint whether the factual basis of the charge or charges being filed include an act of domestic violence shall apply to local law enforcement agencies.
(2)
The provisions of this article concerning the duty of a court to notify the bureau concerning actions involving crimes in which the charge or charges include an act of domestic violence shall apply to municipal courts.
L. 94: Entire section added, p. 2040, § 21, effective July 1. L. 95: (2) amended, p. 600, § 3, effective May 22.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 22 - COLORADO SEX OFFENDER REGISTRATION ACT (§§ 16-22-101 — 16-22-115) › Section 16-22-101 - Short title

This article shall be known and may be cited as the "Colorado Sex Offender Registration Act".
L. 2002: Entire article added, p. 1157, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 22 - COLORADO SEX OFFENDER REGISTRATION ACT (§§ 16-22-101 — 16-22-115) › Section 16-22-104 - Initial registration - effective date

(1)
(a)
(I)
Beginning January 1, 2005, for any person required to register pursuant to section
16-22-103
, the court, within the later of twenty-four hours or the next business day after sentencing the person, shall electronically file with the CBI the initial registration of the person, providing the information required by the CBI.
(II)
Beginning May 27, 2004, the court shall specify on the judgment of conviction the person's duty to register as required in section
16-22-108
, including but not limited to the duty to confirm registration if the person is sentenced on or after January 1, 2005, and the person's duty to reregister.
(b)
Any person who is sentenced prior to January 1, 2005, and who is required to register pursuant to section
16-22-103
shall initially register in the manner provided and within the times specified in section
16-22-108(1)(a)
for registration.
(c)
The state court administrator is hereby authorized to receive and expend any public or private gifts, grants, or donations that may be available to offset the costs incurred in implementing the provisions of this subsection (1).
(2)
Repealed.
L. 2002: Entire article added, p. 1163, § 1, effective July 1. L. 2003: (1)(a) amended, p. 759, § 1, effective March 25. L. 2004: Entire section amended, p. 1109, § 3, effective May 27.
Subsection (2)(c) provided for the repeal of subsection (2), effective July 1, 2005. (See L. 2004, p. 1109.)
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 22 - COLORADO SEX OFFENDER REGISTRATION ACT (§§ 16-22-101 — 16-22-115) › Section 16-22-105 - Notice - requirements - residence - presumption

(1)
Any person who is required to register pursuant to section
16-22-103
shall receive notice of the duty to register as provided in section
16-22-106
or
16-22-107
, whichever is applicable. Such notice shall inform the person of the duty to register, in the manner provided in section
16-22-108
, with the local law enforcement agency of each jurisdiction in which the person resides. The notice shall inform the person that he or she has a duty to register with local law enforcement agencies in any state or other jurisdiction to which the person may move and that the CBI shall notify the agency responsible for registration in the new state as provided in section
16-22-108(4)
. The notice shall also inform the person that, at the time the person registers, he or she must provide his or her date of birth, a current photograph, and a complete set of fingerprints.
(2)
Failure of any person to sign the notice of duty to register, as required in sections
16-22-106
and
16-22-107
, shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the person had actual notice of the duty to register.
(3)
For purposes of this article, any person who is required to register pursuant to section
16-22-103
shall register in all jurisdictions in which he or she establishes a residence. A person establishes a residence through an intent to make any place or dwelling his or her residence. The prosecution may prove intent to establish residence by reference to hotel or motel receipts or a lease of real property, ownership of real property, proof the person accepted responsibility for utility bills, proof the person established a mailing address, or any other action demonstrating such intent. Notwithstanding the existence of any other evidence of intent, occupying or inhabiting any dwelling for more than fourteen days in any thirty-day period shall constitute the establishment of residence.
L. 2002: Entire article added, p. 1163, § 1, effective July 1. L. 2004: (3) amended, p. 1110, § 4, effective May 27.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 22 - COLORADO SEX OFFENDER REGISTRATION ACT (§§ 16-22-101 — 16-22-115) › Section 16-22-114 - Immunity

State agencies and their employees and local law enforcement agencies and their employees are immune from civil or criminal liability for the good faith implementation of this article.
L. 2002: Entire article added, p. 1178, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 22 - COLORADO SEX OFFENDER REGISTRATION ACT (§§ 16-22-101 — 16-22-115) › Section 16-22-115 - CBI assistance in apprehending sex offenders who fail to register

In an effort to ensure that a sexual offender who fails to respond to address-verification attempts or who otherwise absconds from registration is located in a timely manner, the Colorado bureau of investigation shall share information with local law enforcement agencies. The Colorado bureau of investigation shall use analytical resources to assist local law enforcement agencies to determine the potential whereabouts of sex offenders who fail to respond to address-verification attempts or who otherwise abscond from registration. The Colorado bureau of investigation shall review and analyze all available information concerning a sex offender who fails to respond to address-verification attempts or otherwise absconds from registration and provide the information to local law enforcement agencies in order to assist in locating and apprehending the sex offender.
L. 2006: Entire section added, p. 1005, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 23 - DNA CRIME PREVENTION AND EXONERATION OF THE INNOCENT ACT (§§ 16-23-101 — 16-23-105) › Section 16-23-101 - Short title

This article shall be known and may be cited as "Katie's Law".
L. 2009: Entire article added, (SB 09-241), ch. 295, p. 1573 § 1, effective 9/30/2010.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 23 - DNA CRIME PREVENTION AND EXONERATION OF THE INNOCENT ACT (§§ 16-23-101 — 16-23-105) › Section 16-23-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The collection and use of DNA by law enforcement agencies is a valuable tool in preventing crime;
(b)
The analysis of DNA has been used numerous times in the exoneration of innocent individuals charged with or convicted of crimes; and
(c)
The implementation of this article will result in preventing a significant number of violent crimes in Colorado and in solving a number of unsolved crimes in Colorado.
L. 2009: Entire article added, (SB 09 -241), ch. 295, p. 1573, § 1, effective 9/30/2010.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 23 - DNA CRIME PREVENTION AND EXONERATION OF THE INNOCENT ACT (§§ 16-23-101 — 16-23-105) › Section 16-23-104 - Collection and testing

(1)
The Colorado bureau of investigation shall provide all specimen vials, mailing tubes, labels, and other materials and instructions necessary for the collection of biological substance samples required pursuant to this article.
(2)
The Colorado bureau of investigation shall chemically test the biological substance samples collected pursuant to this article. The Colorado bureau of investigation shall file and maintain the testing results in the state index system after receiving confirmation from the arresting or charging agency that the adult was charged with a felony. If the Colorado bureau of investigation does not receive confirmation of a felony charge within a year after receiving the sample for testing, the Colorado bureau of investigation shall destroy the biological sample and any results from the testing of the sample. The Colorado bureau of investigation shall furnish the results to a law enforcement agency upon request. The Colorado bureau of investigation shall store and preserve all biological substance samples obtained pursuant to this article.
L. 2009: Entire article added, (SB 09 -241), ch. 295, p. 1575, § 1, effective 9/30/2010.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-103.5 - [Repealed]

L. 88: Entire section added, p. 696, § 2, effective July 1.
Subsection (5) provided for the repeal of this section, effective July 1, 1991. (See L. 88, p. 696.)
For current provisions concerning the correctional education program, see article 32 of this title 17.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-103.7 - [Repealed]

L. 89: Entire section added, p. 870, § 1, effective June 10. L. 94: Entire section amended, p. 602, § 3, effective July 1. L. 2000: Entire section repealed, p. 831, § 4, effective May 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104 - [Repealed]

L. 77: Entire title R&RE, p. 905, § 10, effective August 1. L. 79: Entire section R&RE, p. 685, § 22, effective July 1. L. 2000: Entire section repealed, p. 831, § 5, effective May 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104.4 - [Repealed]

L. 94: Entire section added, p. 1091, § 1, effective May 9; (3)(b) amended, p. 2615, § 24, effective July 1. L. 95: (2)(b) and (3) amended and (4), (5), (6), and (7) added, pp. 1277, 1274, §§ 15, 8, effective June 5; (3)(b) amended, p. 638, § 25, effective July 1. L. 96: (2)(a)(I) amended, p. 1150, § 14, effective July 1. L. 97: (3)(b) amended and (8) to (10) added, p. 1584, § 1, effective June 4. L. 2000: Entire section repealed, p. 834, § 7, effective May 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104.5 - Incarceration of inmates from other states - private contract prison facilities

(1)
The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern.
(2)
No inmate from a state other than Colorado may be received into the state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state:
(a)
Without the express approval of the executive director, which approval shall not be unreasonably withheld; and
(b)
Unless the private contract prison facility or a prison facility operated by a political subdivision is designed to meet or exceed the appropriate security level for the inmate.
(3)
The department shall develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado as developed by the executive director.
(4)
Upon violation of this section, the executive director may rescind his or her approval pursuant to subsection (2) of this section and must provide at least sixty days notice to the contracting parties of the recision.
Amended by 2020 Ch. 9,§ 3, eff. 3/6/2020.
L. 88: Entire section added, p. 711, § 13, effective July 1. L. 96: Entire section amended, p. 1147, § 3, effective July 1. L. 98: Entire section amended, p. 1237, § 2, effective August 5. L. 2020: (3) and (4) added, (HB 20-1019), ch. 9, p. 24, § 3, effective March 6.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104.6 - Planning and review requirements - legislative intent

(1)
The general assembly hereby finds and declares that the construction, expansion, renovation, or improvement of state-built and operated department of corrections facilities is a matter of statewide and not local concern. Therefore, the department, in authorizing and financing the construction, expansion, renovation, or improvement of its facilities, is exempt from regional, county, and local planning requirements, including those specified in section
30-28-110
, C.R.S., and those authorized by section
29-20-104
, C.R.S.
(2)
Notwithstanding the provisions of subsection (1) of this section, whenever the department plans to locate a new corrections facility or expand an existing corrections facility, the department shall submit facility program plans to the governing body of the county or municipality in which the facility is proposed to be located or expanded and afford the governing body an opportunity for advisory review of such plans.
(3)
The intent of the general assembly in enacting this section is to clarify the meaning of current law concerning regional, county, and local planning requirements and to clarify that the general assembly never intended to require the department to submit plans to authorize or construct its facilities for approval by local, county, or regional planning authorities. Accordingly, this section is intended to apply to causes of action pending on or filed on or after July 1, 1996.
L. 96: Entire section added, p. 1147, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104.7 - [Repealed]

L. 96: Entire section added, p. 1681, § 5, effective 1/1/1997. L. 2000: Entire section repealed, p. 834, § 7, effective May 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104.8 - [Repealed]

Repealed by 2015 Ch. 296,§12, eff. 6/5/2015.
L. 94: Entire section added, p. 1091, § 1, effective May 9. L. 95: Entire section amended, p. 1273, § 7, effective June 5. L. 96: Entire section amended, p. 1147, § 5, effective July 1. L. 2015: Entire section repealed, (SB 15-270), ch. 296, p. 1215, § 12, effective June 5.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-104.9 - Custody levels for state inmates at private prisons - correctional emergency - definition

(1)
Based upon available appropriations and based upon an annual review by the general assembly, the department is authorized to permanently place state inmates classified as medium custody and below in private contract prisons. Except as otherwise provided in subsection (2) of this section, the department may not place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. This section does not prevent a private contract prison from incarcerating an inmate who has been reclassified to a higher custody designation as a result of an offense committed within the private contract prison. However, it is the intent of the general assembly that the department move any inmate of a higher custody designation out of the private contract prison as soon as space is available at a state-operated correctional facility.
(2)
(a)
At the request of the executive director, the governor may, in his or her discretion, declare a correctional emergency and by proclamation authorize the department to place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. A proclamation issued under this subsection (2) shall remain in effect for thirty days.
(b)
At the request of the executive director, the governor may, in his or her discretion, renew a declaration of correctional emergency and reissue a proclamation in accordance with paragraph (a) of this subsection (2) for one or more additional thirty-day periods as the governor deems appropriate.
(c)
For purposes of this section, "correctional emergency" means a riot, a disturbance, a homicide, or inmate violence occurring in a correctional facility or in transit to or from a correctional facility, or a situation involving inmates that presents a clear and immediate danger to the safety, security, and control of the department. "Correctional emergency" does not include inmate overcrowding.
L. 2000: Entire section added, p. 834, § 8, effective May 24. L. 2006: Entire section amended, p. 658, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-105.1 - Accreditation of private contract prisons

(1)
Repealed.
(2)
Prior to submitting building plans to any county, municipality, city and county, or other local governmental agency, any company proposing to construct a private prison within the state shall conduct at least one hearing in the county where the facility is proposed to be constructed for public input following at least twenty days' notice published in a newspaper of general circulation in the county in which the private prison is to be located.
(3)
(a)
A private prison shall not contract to house any inmate, except on a temporary basis, unless within two years of the date that it accepts its first inmate it holds a current accreditation by the American correctional association.
(b)
The executive director may extend the time period for a private prison to obtain the accreditation required by paragraph (a) of this subsection (3) upon a showing of good cause.
L. 98: Entire section added, p. 1236, § 1, effective August 5. L. 2000: (1) repealed, p. 835, § 10, effective May 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-105.5 - Contract rates

(1)
Contracts for the confinement and maintenance of state inmates in private contract facilities or facilities operated by a political subdivision of the state entered into pursuant to this article shall be at rates that are negotiated by the department; except that the rate shall not exceed the maximum rate that is provided in the annual general appropriation bill.
(2)
Repealed.
L. 96: Entire section added, p. 1149, § 7, effective July 1. L. 2008: Entire section amended, p. 375, § 1, effective April 10.
Subsection (2)(d) provided for the repeal of subsection (2), effective June 30, 2009. (See L. 2008, p. 375.)
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-106 - [Repealed]

L. 77: Entire title R&RE, p. 905, § 10, effective August 1. L. 2000: Entire section repealed, p. 835, § 11, effective May 24.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-107 - Department may accept gifts, donations, and grants

The department may accept, or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the work or programs of the department. The executive director, with the approval of the governor, shall have the power to direct the disposition of any such gift, donation, or grant so accepted for any purpose consistent with the terms and conditions under which given.
L. 77: Entire title R&RE, p. 906, § 10, effective August 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-107.5 - State criminal alien assistance program cash fund - creation

(1)
There is hereby created in the state treasury the state criminal alien assistance program cash fund. The fund shall consist of moneys received by the state under the federal state criminal alien assistance program of the federal "Immigration and Nationality Act",
8 U.S.C. sec. 1231(i)
. All such moneys shall be transmitted to the state treasurer, who shall credit the same to the fund. The moneys in the fund shall be subject to appropriation by the general assembly to the department of corrections for the 2004-05 state fiscal year and each fiscal year thereafter for the purposes of defraying the costs of incarcerating undocumented criminal aliens sentenced to a term of imprisonment with the department. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of the fiscal year shall remain in the fund and shall not be transferred or credited to the general fund or another fund.
(2)
For the purpose of maximizing revenues in the state criminal alien assistance program cash fund, the governor shall, in connection with an annual request for compensation to the state for incarcerating undocumented criminal aliens pursuant to the federal "Immigration and Nationality Act",
8 U.S.C. sec. 1231(i)
, submit to the United States attorney general the average per-inmate cost and the total cost of incarcerating such undocumented criminal aliens for the state fiscal year for which the request is made.
L. 2005: Entire section added, p. 726, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-108 - Transfer of inmates

(1)
A person committed to the care and custody of the department as an inmate who is transferred to another institution, agency, or person for care and keeping, or who is transferred from a jail to the department, shall be transferred with medical records and any other record necessary and relevant to the nature and length of the transfer. Such records shall be provided to the person or agency who will receive the inmate, and the receiving person or agency shall acknowledge receipt of the records and approve of the transfer.
(2)
(Deleted by amendment, L. 94, p. 603, § 4, effective July 1, 1994.)
L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 79: (1) amended, p. 686, § 24, effective July 1. L. 89: (2) amended, p. 828, § 38, effective July 1. L. 94: Entire section amended, p. 603, § 4, effective July 1; (1) amended, p. 1650, § 94, effective May 31.
For transfer of inmates with behavioral or mental health disorders or intellectual and developmental disabilities, see article 23 of this title 17.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-109 - Duties and functions of the warden

(1)
The warden of each correctional facility shall exercise the powers and perform the duties and functions assigned to the warden by this article under the supervision and control of the executive director or the executive director's designee.
(2)
(a)
The warden of each correctional facility should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any person who actively participates in disruptive security-threat group behavior, as defined in paragraph (b) of this subsection (2), so as to prevent contact with other inmates at such facility. The warden should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new security-threat group members from among the general inmate population. Association with an inmate gang or security-threat group alone shall not be sufficient to meet the requirements of this paragraph (a).
(b)
For the purposes of this subsection (2), unless the context otherwise requires, "security-threat group" means a group of three or more individuals acting in concert or individually in an activity that is characterized by criminal conduct or conduct that violates the department's code of penal discipline for the purpose of disrupting prison operations, recruiting new members, damaging property, or inflicting or threatening to inflict harm to employees, contract workers, volunteers, or other state inmates.
L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 79: Entire section amended, p. 686, § 25, effective July 1. L. 89: Entire section amended, p. 872, § 1, effective June 5. L. 97: (2) amended, p. 29, § 7, effective March 20. L. 2000: (1) and (2)(a) amended, p. 835, § 12, effective May 24. L. 2011: (2) amended, (SB 11 -176), ch. 289, p. 1342, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-109.5 - Correctional facility employees - rules

(1)
On and after April 1, 2004, the department shall not hire a person who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article
22
of title
16
, C.R.S., to work at a correctional facility.
(2)
The department shall ensure that any person who is employed to work at a correctional facility as of April 1, 2004, and who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article
22
of title
16
, C.R.S., does not have unsupervised contact with an inmate on and after April 1, 2004.
(3)
If a person, while employed by the department, is convicted of an offense that requires the employee to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article
22
of title
16
, C.R.S., the employee shall immediately notify the department of the conviction and the registration requirement. The department shall ensure that the employee does not have unsupervised contact with an inmate on and after the date it receives notice pursuant to this subsection (3).
(4)
The executive director shall adopt such rules as may be necessary to ensure compliance with the requirements of this section.
L. 2004: Entire section added, p. 230, § 1, effective April 1.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-110 - [Repealed]

L. 78: Entire section added, p. 124, § 2, effective April 18.
When this section was enacted in 1978, the general assembly provided for the repeal of this section upon occupancy of the maximum security facility. Because the facility has been occupied since December 24, 1980, the repeal date for this section is also December 24, 1980.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-111 - Certain provisions of the administrative procedure act not to apply

The provisions of this title relating to the placement, assignment, management, discipline, and classification of inmates shall not be subject to section
24-4-103
,
24-4-105
, or
24-4-106
, C.R.S.
L. 83: Entire section added, p. 687, § 1, effective May 20. L. 90: Entire section amended, p. 954, § 22, effective June 7. L. 2000: Entire section amended, p. 836, § 13, effective May 24. L. 2004: Entire section amended, p. 1197, § 49, effective August 4.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-112.5 - [Repealed]

L. 91: Entire section added, p. 338, § 3, effective May 24. L. 93: Entire section repealed, p. 406, § 3, effective April 19.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.1 - Administration or monitoring of medications to persons in correctional facilities

(1)
The executive director has the power to direct the administration or monitoring of medications to persons in correctional facilities, as described in section
25-1.5-301(2)(a)
, C.R.S., under the executive director's control, in a manner consistent with part 3 of article
1.5
of title
25
, C.R.S.
(2)
The executive director may authorize the transfer, delivery, or distribution to a corporation, individual, or other entity, other than a consumer, entitled to possess prescription drugs in an amount that is less than, equal to, or in excess of five percent of the total number of dosage units or drugs dispensed and distributed on an annual basis.
L. 92: Entire section added, p. 1149, § 4, effective July 1. L. 2000: Entire section amended, p. 837, § 16, effective May 24. L. 2003: Entire section amended, p. 704, § 24, effective July 1; entire section amended, p. 957, § 17, effective July 1.
Amendments to this section by Senate Bill 03-002 and Senate Bill 03-119 were harmonized.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.2 - Continuity of care for persons released from correctional facility

Before a person is released from the custody of a correctional facility, the correctional facility shall comply with the provisions of section
17-26-140
concerning continuity of care for persons with a substance use disorder.
Added by 2020 Ch. 288, § 7, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1017), ch. 1425, p. 1425, § 7, effective September 14.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.3 - [Repealed]

L. 2006: Entire section added, p. 1553, § 1, effective August 7.
Subsection (3) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, p. 1553.)
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.4 - Opioid treatment for a person in custody - definitions

(1)
A correctional facility or private contract prison may make available opioid agonists and opioid antagonists to a person in custody with an opioid use disorder. The correctional facility or private contract prison is strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration, as medically necessary.
(2)
(a)
Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists for the treatment of an opioid use disorder pursuant to subsection (1) of this section.
(b)
As funding and supplies allow, if a person in custody is treated for an opioid use disorder pursuant to this section, the correctional facility or private contract prison shall offer the person, upon release from the facility, at least two doses of an opioid reversal medication, in a form approved by the federal drug administration, and provide education to the person about the appropriate use of the medication.
(3)
A correctional facility or private contract prison may contract with community-based health providers for the implementation of this section.
(3.5)
Nothing in this section imposes civil or criminal liability on a state law enforcement agency or law enforcement officer when ordinary care is used in the administration or provision of an opioid reversal medication in cases when an individual appears to be experiencing an opioid overdose.
(4)
As used in this section, unless the context otherwise requires:
(a)
"Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
(b)
"Opioid antagonist" means naltrexone, an opioid reversal medication, or any similarly acting drug used for the treatment of an opioid use disorder that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
Amended by 2021 Ch. 362,§28, eff. 6/28/2021.
Added by 2020 Ch. 288,§1, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1017), ch. 1422, p. 1422, § 1, effective September 14. L. 2021: (2) and (4)(b) amended and (3.5) added, (SB 21-137), ch. 2382, p. 2382, § 28, effective June 28.
For the short title ("Behavioral Health Recovery Act of 2021") and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.6 - Menstrual hygiene products for a person in custody - definition

(1)
A correctional facility or private contract prison shall provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody. A correctional facility or private contract prison shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products.
(2)
As used in this section, unless the context otherwise requires, "menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners.
Added by 2019 Ch. 131,§ 3, eff. 4/25/2019.
L. 2019: Entire section added, (HB 19-1224), ch. 588, p. 588, § 3, effective April 25.
For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019.