Colorado 2022 Regular Session

Colorado Senate Bill SB050 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0397.01 Jacob Baus x2173
18 SENATE BILL 22-050
2-BY SENATOR(S) Coleman and Hisey, Bridges, Buckner, Donovan,
3-Fields, Gardner, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Moreno,
4-Pettersen, Priola, Simpson, Winter, Woodward, Fenberg;
5-also REPRESENTATIVE(S) Soper and Exum, Bacon, Bernett, Bird,
6-Boesenecker, Caraveo, Cutter, Duran, Esgar, Froelich, Gonzales-Gutierrez,
7-Gray, Herod, Hooton, Kennedy, Kipp, Lindsay, Lontine, Lynch,
8-McCluskie, Mullica, Sirota, Snyder, Titone, Valdez A., Weissman,
9-Woodrow
10-.
9+Senate Committees House Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
1112 C
12-ONCERNING WORK OPPORTUNITIES FOR PERSONS IMPRISONED BY THE
13-DEPARTMENT OF CORRECTIONS
14-.
13+ONCERNING WORK OPPORTUNITIES FOR PERSONS IMPRISONED BY THE101
14+DEPARTMENT OF CORRECTIONS .102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill clarifies the opportunities available to offenders
23+imprisoned by the department of corrections (department).
24+The bill clarifies that the rehabilitation and work opportunities
25+available to offenders are to promote the person's successful
26+rehabilitation, reentry, and reintegration into the community.
27+The bill clarifies a distinction between external programs, which
28+HOUSE
29+3rd Reading Unamended
30+March 14, 2022
31+HOUSE
32+Amended 2nd Reading
33+March 12, 2022
34+SENATE
35+3rd Reading Unamended
36+February 23, 2022
37+SENATE
38+Amended 2nd Reading
39+February 22, 2022
40+SENATE SPONSORSHIP
41+Coleman and Hisey, Bridges, Buckner, Fenberg, Gardner, Gonzales, Hansen, Jaquez
42+Lewis, Kolker, Lee, Moreno, Pettersen, Priola, Simpson, Winter, Woodward
43+HOUSE SPONSORSHIP
44+Soper and Exum, Bacon, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar,
45+Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Kennedy, Kipp, Lindsay, Lontine,
46+Lynch, McCluskie, Mullica, Sirota, Snyder, Titone, Valdez A., Weissman, Woodrow
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
49+Dashes through the words indicate deletions from existing statute. are administered by the division of correctional industries (division) in
50+partnership with private employers that occur outside of department
51+facilities, and internal programs, which are opportunities provided inside
52+a department facility administered by the division and may be in
53+partnership with employers outside of department facilities.
54+The bill amends offender compensation and permissible
55+deductions from an offender's account.
56+Be it enacted by the General Assembly of the State of Colorado:1
1557
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. In Colorado Revised Statutes, 17-1-103, amend (1)(f)
18-as follows:
19-17-1-103. Duties of the executive director. (1) The duties of the
20-executive director are:
21-(f) To the extent practical, to
22- develop within the correctional
23-institutions, industries REHABILITATION AND WORK PROGRAMS that develop
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. work skills for inmates and that also will serve the purpose of supplying
32-SUPPLY necessary products for state institutions and other public purposes
33-as provided SPECIFIED by law;
34-SECTION 2. In Colorado Revised Statutes, amend 17-20-115 as
35-follows:
36-17-20-115. Rehabilitation and work programs for rehabilitation,
37-reentry, and reintegration. All persons convicted of any crime and
38-confined in any state correctional facilities under the laws of this state,
39-except such as are precluded by the terms of the judgment of conviction,
40-shall perform labor
41- PARTICIPATE IN A REHABILITATION AND WORK PROGRAM
42-THAT PROMOTES THE PERSON
43-'S SUCCESSFUL REHABILITATION, REENTRY, AND
44-REINTEGRATION INTO THE COMMUNITY
45-, under such rules and regulations as
46-may be prescribed by the department.
47-SECTION 3. In Colorado Revised Statutes, amend 17-20-117 as
48-follows:
49-17-20-117. Inmate rehabilitation and work. Every able-bodied
50-inmate shall be put to and kept at PARTICIPATE IN the work most suitable to
51-such THE inmate's capacity and most advantageous to the people of this
52-state. Inmates PROMOTES THE INMATE 'S SUCCESSFUL REHABILITATION ,
53-REENTRY, AND REINTEGRATION INTO THE COMMUNITY . INMATES who work
54-in the department shall not be ARE NOT entitled to any right, benefit, or
55-privilege applicable to employees of the state of Colorado.
56-SECTION 4. In Colorado Revised Statutes, amend 17-24-102 as
57-follows:
58-17-24-102. Legislative declaration. (1) The general assembly
59-hereby finds and declares that, to the extent possible, all able-bodied
60-offenders INMATES should be employed and that the means now provided
61-for the employment of offenders are inadequate to allow a forty-hour-week
62-work assignment for all able-bodied offenders and for correctional
63-industries programs to be operated on a financially profitable basis
64-PARTICIPATE IN PROGRAMS THAT PROMOTE SUCCESSFUL REHABILITATION ,
65-REENTRY, AND REINTEGRATION INTO THE COMMUNITY . Therefore, it is the
66-intent of the general assembly in this article to: GENERAL ASSEMBLY'S
67-INTENT TO CREATE A DIVISION OF CORRECTIONAL INDUSTRIES TO DEVELOP
68-PAGE 2-SENATE BILL 22-050 REHABILITATION AND WORK PROGRAMS INSIDE AND OUTSIDE OF THE
69-DEPARTMENT
70-'S FACILITIES TO PROMOTE INMATES ' SUCCESSFUL
71-REHABILITATION
72-, REENTRY, AND REINTEGRATION INTO THE COMMUNITY .
73-(a) Create a division of correctional industries which is
74-profit-oriented, which generates revenue for its operations and capital
75-investment, which partly reimburses the general fund for the expense of
76-correctional services, and which assumes responsibility for training
77-offenders in general work habits, work skills, and specific training skills
78-that increase their employment prospects when released;
79-(b) Develop, to the extent possible, industries that provide forty
80-hours of work activity each week for all able-bodied offenders;
81-(c) Provide an environment for the operation of correctional
82-industries that closely resembles the environment for the business
83-operations of a private corporate entity;
84-(d) Make the division of correctional industries responsible for and
85-accountable to the general assembly and to the governor for correctional
86-industries programs in this state.
87-(2) It is the GENERAL ASSEMBLY'S intent of the general assembly that
88-the division of correctional industries assume COLLABORATE WITH THE
89-DEPARTMENT TO PERFORM
90- all duties and functions for correctional
91-industries.
92-SECTION 5. In Colorado Revised Statutes, 17-24-103, amend the
93-introductory portion and (4); and add (5) and (6) as follows:
94-17-24-103. Definitions. As used in this article
95- ARTICLE 24, unless
96-the context otherwise requires:
97-(4) "Programs" "EXTERNAL PROGRAM " means the correctional
98-industries programs provided and A REHABILITATION AND WORK PROGRAM
99-administered by the division but IN PARTNERSHIP WITH EMPLOYERS OUTSIDE
100-OF DEPARTMENT FACILITIES
101-. "EXTERNAL PROGRAM " does not include
102-educational services or other productive activities administered by the
103-division of adult parole.
104-PAGE 3-SENATE BILL 22-050 (5) "INTERNAL PROGRAM " MEANS A REHABILITATION AND WORK
105-PROGRAM THAT IS PROVIDED INSIDE A DEPARTMENT FACILITY
106-, IS
107-ADMINISTERED BY THE DIVISION
108-, AND MAY BE IN PARTNERSHIP WITH
109-EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES
110-. "INTERNAL PROGRAM"
111-DOES NOT INCLUDE EDUCATIONAL SERVICES OR OTHER PRODUCTIVE
112-ACTIVITIES ADMINISTERED BY THE DIVISION OF ADULT PAROLE
113-.
58+2
59+SECTION 1. In Colorado Revised Statutes, 17-1-103, amend3
60+(1)(f) as follows:4
61+17-1-103. Duties of the executive director. (1) The duties of the5
62+executive director are:6
63+(f) To the extent practical, to develop within the correctional7
64+institutions, industries REHABILITATION AND WORK PROGRAMS that8
65+develop work skills for inmates and that also will serve the purpose of9
66+supplying SUPPLY necessary products for state institutions and other10
67+public purposes as provided SPECIFIED by law;11
68+SECTION 2. In Colorado Revised Statutes, amend 17-20-115 as12
69+follows:13
70+17-20-115. Rehabilitation and work programs for14
71+rehabilitation, reentry, and reintegration. All persons convicted of any15
72+crime and confined in any state correctional facilities under the laws of16
73+this state, except such as are precluded by the terms of the judgment of17
74+conviction, shall perform labor PARTICIPATE IN A REHABILITATION AND18
75+WORK PROGRAM THAT PROMOTES THE PERSON 'S SUCCESSFUL19
76+REHABILITATION, REENTRY, AND REINTEGRATION INTO THE COMMUNITY ,20
77+under such rules and regulations as may be prescribed by the department.21
78+SECTION 3. In Colorado Revised Statutes, amend 17-20-117 as22
79+050-2- follows:1
80+17-20-117. Inmate rehabilitation and work. Every able-bodied2
81+inmate shall be put to and kept at PARTICIPATE IN the work most suitable3
82+to such THE inmate's capacity and most advantageous to the people of this4
83+state. Inmates PROMOTES THE INMATE'S SUCCESSFUL REHABILITATION,5
84+REENTRY, AND REINTEGRATION INTO THE COMMUNITY . INMATES who6
85+work in the department shall not be ARE NOT entitled to any right, benefit,7
86+or privilege applicable to employees of the state of Colorado.8
87+SECTION 4. In Colorado Revised Statutes, amend 17-24-102 as9
88+follows:10
89+17-24-102. Legislative declaration. (1) The general assembly11
90+hereby finds and declares that, to the extent possible, all able-bodied12
91+offenders INMATES should be employed and that the means now provided13
92+for the employment of offenders are inadequate to allow a14
93+forty-hour-week work assignment for all able-bodied offenders and for15
94+correctional industries programs to be operated on a financially profitable16
95+basis PARTICIPATE IN PROGRAMS THAT PROMOTE SUCCESSFUL17
96+REHABILITATION, REENTRY, AND REINTEGRATION INTO THE COMMUNITY .18
97+Therefore, it is the intent of the general assembly in this article to:19
98+GENERAL ASSEMBLY'S INTENT TO CREATE A DIVISION OF CORRECTIONAL20
99+INDUSTRIES TO DEVELOP REHABILITATION AND WORK PROGRAMS INSIDE21
100+AND OUTSIDE OF THE DEPARTMENT 'S FACILITIES TO PROMOTE INMATES'22
101+SUCCESSFUL REHABILITATION, REENTRY, AND REINTEGRATION INTO THE23
102+COMMUNITY.24
103+(a) Create a division of correctional industries which is25
104+profit-oriented, which generates revenue for its operations and capital26
105+investment, which partly reimburses the general fund for the expense of27
106+050
107+-3- correctional services, and which assumes responsibility for training1
108+offenders in general work habits, work skills, and specific training skills2
109+that increase their employment prospects when released;3
110+(b) Develop, to the extent possible, industries that provide forty4
111+hours of work activity each week for all able-bodied offenders;5
112+(c) Provide an environment for the operation of correctional6
113+industries that closely resembles the environment for the business7
114+operations of a private corporate entity;8
115+(d) Make the division of correctional industries responsible for9
116+and accountable to the general assembly and to the governor for10
117+correctional industries programs in this state.11
118+(2) It is the
119+GENERAL ASSEMBLY'S intent of the general assembly
120+12
121+that the division of correctional industries assume COLLABORATE WITH13
122+THE DEPARTMENT TO PERFORM all duties and functions for correctional14
123+industries.15
124+SECTION 5. In Colorado Revised Statutes, 17-24-103, amend16
125+the introductory portion and (4); and add (5) and (6) as follows:17
126+17-24-103. Definitions. As used in this article ARTICLE 24, unless18
127+the context otherwise requires:19
128+(4) "Programs" "EXTERNAL PROGRAM" means the correctional20
129+industries programs provided and A REHABILITATION AND WORK21
130+PROGRAM administered by the division but IN PARTNERSHIP WITH22
131+EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES . "EXTERNAL PROGRAM"23
132+does not include educational services or other productive activities24
133+administered by the division of adult parole.25
134+(5) "I
135+NTERNAL PROGRAM" MEANS A REHABILITATION AND WORK26
136+PROGRAM THAT IS PROVIDED INSIDE A DEPARTMENT FACILITY , IS27
137+050
138+-4- ADMINISTERED BY THE DIVISION , AND MAY BE IN PARTNERSHIP WITH1
139+EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES . "INTERNAL PROGRAM"2
140+DOES NOT INCLUDE EDUCATIONAL SERVICES OR OTHER PRODUCTIVE3
141+ACTIVITIES ADMINISTERED BY THE DIVISION OF ADULT PAROLE .4
114142 (6) "P
115-ROGRAMS" MEANS EXTERNAL PROGRAMS AND INTERNAL
116-PROGRAMS
117-.
118-SECTION 6. In Colorado Revised Statutes, 17-24-106, amend (1)
119-introductory portion, (1)(b), (1)(d), (1)(e), (1)(f)(I), (1)(p), and (1)(r); and
120-repeal (1)(a) and (1)(c) as follows:
121-17-24-106. General powers of the division. (1) In addition to any
122-other powers granted to the division by this article 24, the division shall
123-have HAS the following powers:
124-(a) To provide programs which are profit-oriented, which generate
125-revenue for their operation and capital investment, and which partly
126-reimburse the general fund for the use of inmate labor for the expense of
127-adult correctional services;
128-(b) To develop to the extent possible, programs that provide forty
129-hours of work activity each week for all able-bodied offenders PROMOTE
130-SUCCESSFUL REHABILITATION
131-, REENTRY, AND REINTEGRATION INTO THE
132-COMMUNITY
133-;
134-(c) To develop programs that assume responsibility for training
135-offenders in general work habits, general work skills, and specific training
136-skills which increase the offenders' employment prospects when released;
137-(d) To acquire or purchase equipment, raw materials, supplies,
138-office space, insurance, and services and to engage the supervisory
139-personnel necessary to establish and maintain for
140- the state EXTERNAL
141-programs AND INTERNAL PROGRAMS at the state's correctional institutions
142-pursuant to law;
143-(e) To utilize the labor services of prisoners in the manufacture or
144-production of PRODUCE goods and services that are needed for the
145-PAGE 4-SENATE BILL 22-050 construction, operation, or maintenance of any office, department,
146-institution, or agency supported in whole or in part by the state, any political
147-subdivision of the state, or the federal government;
148-(f) (I) To sell all
149- goods and services, including capital construction
150-items, produced by the
151-INTERNAL programs to agencies supported in whole
152-or in part by the state, any political subdivision of the state, other states or
153-their political subdivisions, or the federal government; or
154- AND
155-(p) To sell Colorado state flags produced by the programs AN
156-INTERNAL PROGRAM
157- to retailers in this state at a price as near to the
158-prevailing wholesale market price and quality as is practical and to
159-individuals at retail price; however, the division must supply the
160-requirements of state agencies and political subdivisions of the state before
161-selling such flags as provided in this paragraph (p)
162- SUBSECTION (1)(p). The
163-price of flags to state agencies and political subdivisions of this state shall
164-MUST be determined pursuant to section 17-24-112.
165-(r) To utilize the labor services of prisoners in order to receive,
166-repair, and distribute surplus property pursuant to the powers and duties
167-provided in part 4 of article 82 of title 24, C.R.S.,
168- and to use such labor
169-services in order to receive, repair, sell, or otherwise dispose of surplus state
170-property as provided in section 17-24-106.6;
171-SECTION 7. In Colorado Revised Statutes, 17-24-110, amend (1)
172-and (2) as follows:
173-17-24-110. Financial payment incentives. (1) The division shall
174-establish a system of financial payments to serve as an incentive for more
175-effective and efficient performance of its programs FOR INMATES WHO
176-PARTICIPATE IN INTERNAL PROGRAMS
177-.
178-(2) The division shall be provided, from the
179- diagnostic services unit
180-of the division of adult parole
181-SHALL PROVIDE TO THE DIVISION personnel
182-testing services that perform a vocational assessment of work experience
183-and training needs; from the superintendent of each correctional institution,
184-offender labor services; and from the superintendent of each such
185-institution, security services at the work site, in addition to perimeter and
186-scheduled security, when the division and the superintendent determine
187-such additional services are reasonably necessary to ensure the safety of the
188-PAGE 5-SENATE BILL 22-050 public, the staff, and the offenders INMATES.
189-SECTION 8. In Colorado Revised Statutes, 17-24-112, amend (1)
190-as follows:
191-17-24-112. Pricing. (1) The division shall fix and determine the
192-prices at which all labor is performed and at which all goods and services
193-produced are sold. Such FOR INTERNAL PROGRAM LABOR , GOODS, AND
194-SERVICES
195-. THE prices for industry products shall
196- MUST be as near the
143+ROGRAMS" MEANS EXTERNAL PROGRAMS AND INTERNAL5
144+PROGRAMS.6
145+SECTION 6.
146+ In Colorado Revised Statutes, 17-24-106, amend7
147+(1) introductory portion, (1)(b), (1)(d), (1)(e), (1)(f)(I), (1)(p), and (1)(r);8
148+and repeal (1)(a) and (1)(c) as follows:9
149+17-24-106. General powers of the division. (1) In addition to10
150+any other powers granted to the division by this article 24, the division11
151+shall have HAS the following powers:12
152+(a) To provide programs which are profit-oriented, which generate13
153+revenue for their operation and capital investment, and which partly14
154+reimburse the general fund for the use of inmate labor for the expense of15
155+adult correctional services;16
156+(b) To develop to the extent possible, programs that provide forty17
157+hours of work activity each week for all able-bodied offenders PROMOTE18
158+SUCCESSFUL REHABILITATION, REENTRY, AND REINTEGRATION INTO THE19
159+COMMUNITY;20
160+(c) To develop programs that assume responsibility for training21
161+offenders in general work habits, general work skills, and specific22
162+training skills which increase the offenders' employment prospects when23
163+released;24
164+(d) To acquire or purchase equipment, raw materials, supplies,25
165+office space, insurance, and services and to engage the supervisory26
166+personnel necessary to establish and maintain for the state EXTERNAL27
167+050
168+-5- programs AND INTERNAL PROGRAMS at the state's correctional institutions1
169+pursuant to law;2
170+(e) To utilize the labor services of prisoners in the manufacture or3
171+production of PRODUCE goods and services that are needed for the4
172+construction, operation, or maintenance of any office, department,5
173+institution, or agency supported in whole or in part by the state, any6
174+political subdivision of the state, or the federal government;7
175+(f) (I) To sell all goods and services, including capital8
176+construction items, produced by the
177+INTERNAL programs to agencies9
178+supported in whole or in part by the state, any political subdivision of the10
179+state, other states or their political subdivisions, or the federal11
180+government; or
181+ AND12
182+(p) To sell Colorado state flags produced by the programs AN13
183+INTERNAL PROGRAM to retailers in this state at a price as near to the14
184+prevailing wholesale market price and quality as is practical and to15
185+individuals at retail price; however, the division must supply the16
186+requirements of state agencies and political subdivisions of the state17
187+before selling such flags as provided in this paragraph (p) SUBSECTION18
188+(1)(p). The price of flags to state agencies and political subdivisions of19
189+this state shall MUST be determined pursuant to section 17-24-112.20
190+(r) To utilize the labor services of prisoners in order to receive,21
191+repair, and distribute surplus property pursuant to the powers and duties22
192+provided in part 4 of article 82 of title 24, C.R.S., and to use such labor23
193+services in order to receive, repair, sell, or otherwise dispose of surplus24
194+state property as provided in section 17-24-106.6;25
195+ 26
196+SECTION 7. In Colorado Revised Statutes, 17-24-110, amend27
197+050
198+-6- (1) and (2) as follows:1
199+17-24-110. Financial payment incentives. (1) The division shall2
200+establish a system of financial payments to serve as an incentive for more3
201+effective and efficient performance of its programs FOR INMATES WHO4
202+PARTICIPATE IN INTERNAL PROGRAMS .5
203+(2) The division shall be provided, from the diagnostic services6
204+unit of the division of adult parole
205+SHALL PROVIDE TO THE DIVISION7
206+personnel testing services that perform a vocational assessment of work8
207+experience and training needs; from the superintendent of each
208+9
209+correctional institution, offender labor services; and from the10
210+superintendent of each such institution, security services at the work site,11
211+in addition to perimeter and scheduled security, when the division and the12
212+superintendent determine such additional services are reasonably13
213+necessary to ensure the safety of the public, the staff, and the offenders14
214+INMATES.15
215+SECTION 8. In Colorado Revised Statutes, 17-24-112, amend16
216+(1) as follows:17
217+17-24-112. Pricing. (1) The division shall fix and determine the18
218+prices at which all labor is performed and at which all goods and services19
219+produced are sold. Such FOR INTERNAL PROGRAM LABOR , GOODS, AND20
220+SERVICES. THE prices for industry products shall MUST be as near the21
197221 prevailing market prices for similar
198-QUALITY goods and services, andquality as is practical. Such THE prices, other than prices for agricultural
199-products, shall MUST not exceed the wholesale market prices for like articles
200-and products in the case of sales to the state or its political subdivisions, or
201-the prevailing retail market prices for like articles and products in the case
202-of sales to the general public.
203-SECTION 9. In Colorado Revised Statutes, amend 17-24-114 as
204-follows:
205-17-24-114. Provisions for inmates - rules. (1) The director,
206-IN
207-COLLABORATION WITH THE DEPARTMENT
208-, shall make all
209- DETERMINE
210-offender INMATE work assignments within the division. Each such offender
211-INMATE work assignment shall MUST take into account the diagnostic
212-services unit recommendation of employment training needs of the
213-offender, and
214- INMATE, the security classification of the offender INMATE as
215-determined by the superintendent of each correctional institution,
216-AND THE
217-REHABILITATION
218-, REENTRY, AND REINTEGRATION NEEDS OF THE INMATE .
219-(2) The director shall establish the rate of
220- compensation RATE for the
221-offenders INMATES working The director and the director of the division of
222-adult parole shall have the authority to make rules and regulations regarding
223-the method and time of compensation payments. A portion of such
224-compensation shall be paid to the division of adult parole to defray the cost
225-of operations for adult parole, and a portion of such compensation shall be
226-paid to each offender in relation to the number of hours worked, type of
227-work assignment, and quality of work performed IN INTERNAL PROGRAMS.
228-Payment rates shall MUST be established on an annual basis after review by
229-the joint budget committee and by appropriation of the general assembly.
230-No offender shall be compensated if he is placed in administrative or
231-punitive segregation or if he is able-bodied but THE DIRECTOR SHALL NOT
232-PAGE 6-SENATE BILL 22-050 COMPENSATE AN INMATE IF THE INMATE refuses to participate in an available
233-work REHABILITATION AND WORK program. or other productive activity. The
234-department will provide hygienic items to all inmates in administrative or
235-punitive segregation.
236-(3) The division of adult parole is empowered to grant earned time
237-allowances consistent with part 4 of article 22.5 of this title in relation to an
238-offender's work performance and evaluation, as recommended by the
239-director.
240-(4) The division has the power to establish rules and regulations
241-governing the employment, conduct, and management of offenders
242-INMATES while assigned to INTERNAL programs. All such rules and
243-regulations pertaining to the payment, employment, conduct, and
244-management of offenders shall INMATES MUST be published and posted for
245-offenders INMATES.
246-SECTION 10. In Colorado Revised Statutes, 17-24-122, amend
247-(1), (2), (3), (5), and (6); and repeal (4) and (8) as follows:
248-17-24-122. Agreements for the employment of inmates by
222+QUALITY goods and services, and
223+22
224+quality as is practical. Such THE prices, other than prices for agricultural23
225+products, shall MUST not exceed the wholesale market prices for like24
226+articles and products in the case of sales to the state or its political25
227+subdivisions, or the prevailing retail market prices for like articles and26
228+products in the case of sales to the general public.27
229+050
230+-7- SECTION 9. In Colorado Revised Statutes, amend 17-24-114 as1
231+follows:2
232+17-24-114. Provisions for inmates - rules. (1) The director, IN3
233+COLLABORATION WITH THE DEPARTMENT , shall make all DETERMINE4
234+offender INMATE work assignments within the division. Each such5
235+offender INMATE work assignment shall MUST take into account the6
236+diagnostic services unit recommendation of employment training needs7
237+of the offender, and INMATE, the security classification of the offender8
238+INMATE as determined by the superintendent of each correctional9
239+institution,
240+AND THE REHABILITATION, REENTRY, AND REINTEGRATION10
241+NEEDS OF THE INMATE.
242+11
243+(2) The director shall establish the rate of compensation RATE for12
244+the offenders INMATES working The director and the director of the13
245+division of adult parole shall have the authority to make rules and14
246+regulations regarding the method and time of compensation payments. A15
247+portion of such compensation shall be paid to the division of adult parole16
248+to defray the cost of operations for adult parole, and a portion of such17
249+compensation shall be paid to each offender in relation to the number of18
250+hours worked, type of work assignment, and quality of work performed19
251+IN INTERNAL PROGRAMS. Payment rates shall MUST be established on an20
252+annual basis after review by the joint budget committee and by21
253+appropriation of the general assembly. No offender shall be compensated22
254+if he is placed in administrative or punitive segregation or if he is23
255+able-bodied but THE DIRECTOR SHALL NOT COMPENSATE AN INMATE IF24
256+THE INMATE refuses to participate in an available work REHABILITATION25
257+AND WORK program. or other productive activity. The department will26
258+provide hygienic items to all inmates in administrative or punitive27
259+050
260+-8- segregation. 1
261+(3) The division of adult parole is empowered to grant earned time2
262+allowances consistent with part 4 of article 22.5 of this title in relation to3
263+an offender's work performance and evaluation, as recommended by the4
264+director.5
265+(4) The division has the power to establish rules and regulations6
266+governing the employment, conduct, and management of offenders7
267+INMATES while assigned to INTERNAL programs. All such rules and8
268+regulations pertaining to the payment, employment, conduct, and9
269+management of offenders shall INMATES MUST be published and posted10
270+for offenders INMATES.11
271+SECTION 10. In Colorado Revised Statutes, 17-24-122, amend12
272+(1), (2), (3), (5), and (6); and repeal (4) and (8) as follows:13
273+17-24-122. Agreements for the employment of inmates by14
249274 private entities. (1) The
250-DIVISION, IN COLLABORATION WITH THE
275+DIVISION, IN COLLABORATION WITH THE15
251276 department, of corrections, working through the division,
252- is authorized to
253-enter into agreements with private persons or entities for the utilization of
254-inmate labor in the manufacturing, processing, or assembly of components,
255-finished goods, services, or product lines within facilities owned or leased
256-by the department TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR INMATES
257-THROUGH EXTERNAL PROGRAMS
258-. Such agreements shall be
259- ARE subject to
260-the prior review of the attorney general and the correctional industries
261-advisory committee.
277+ is authorized to16
278+enter into agreements with private persons or entities for the utilization17
279+of inmate labor in the manufacturing, processing, or assembly of18
280+components, finished goods, services, or product lines within facilities19
281+owned or leased by the department TO PROVIDE EMPLOYMENT20
282+OPPORTUNITIES FOR INMATES THROUGH EXTERNAL PROGRAMS . Such21
283+agreements shall be ARE subject to the prior review of the attorney22
284+general and the correctional industries advisory committee.23
262285 (2) The
263-DIVISION, IN COLLABORATION WITH THE department, is
264-authorized to enter into agreements subject to state fiscal rules and the prior
265-review of the attorney general which THAT allow for PRIVATE PARTY
266-financing by the private contractor for equipment, raw materials, training
267-of workers, and operation of industries developed pursuant to the provisions
268-of this section. In any such agreement, the department may provide for the
269-recovery of the costs of providing facilities for the private contractor by
270-requiring the payment of rent for such facilities.
271-PAGE 7-SENATE BILL 22-050 (3) Agreements entered into pursuant to this section shall MUST
272-provide that any inmate assigned pursuant to section 17-24-114 (1) to work
273-as inmate labor AN EXTERNAL PROGRAM for a private person or entity which
274-THAT made such agreement pursuant to subsection (1) of this section shall
275-be IS an employee of the private person or entity and, notwithstanding
276-section 17-24-114 (2), such inmate shall be paid THE PRIVATE PERSON OR
277-ENTITY SHALL PAY
278- at least the federal
279- STATE minimum wage for the labor
280-performed. Such wages shall MUST be paid to the department of corrections
281-and shall be held in trust for the inmate in a revenue-producing account
282-until the inmate is paroled or discharged from custody. The provisions of AN
283-ACCOUNT FOR THE INMATE
284-. Section 8-40-301 (3), C.R.S., shall applyAPPLIES to any inmate employed by a private person or entity pursuant to
285-this section.
286-(4) Out of the wages held in trust for an inmate pursuant to
287-subsection (3) of this section, the department of corrections shall deduct up
288-to fifty percent of such wages to be used to defray the costs incident to the
289-inmate's confinement.
290-(5) Out of the INMATE'S wages, held in trust for an inmate pursuant
291-to subsection (3) of this section, and subsequent to the deduction made
292-pursuant to subsection (4) of this section, the department of corrections
293-shall deduct periodically for the following purposes and in the following
294-order of priority:
295-(a) Compensation of RESTITUTION FOR the victim of the crime
296-committed by the inmate for expenses actually and reasonably incurred as
297-a result of the injury to the person or property of the victim, including
298-medical expenses, loss of earning power, and any other pecuniary loss
299-directly resulting from the injury to the person or property or the death of
300-the victim, which a court of competent jurisdiction determines or has
301-determined to be reasonable and proper;
302-(a.5) Voluntary payment of such amounts to the victims assistance
303-and law enforcement fund established in section 24-33.5-506, C.R.S.,
304- as is
305-deemed appropriate by the executive director of the department; of
306-corrections; AND
307-(b) Payment of such amounts for the support of the inmate's
308-dependents as is deemed appropriate by the executive director of the
309-PAGE 8-SENATE BILL 22-050 department, of corrections, taking into account any court orders for such
310-support. and
311-(c) Payment of incidental PERSONAL expenses of the inmate while
312-the inmate is still in custody AS DEEMED APPROPRIATE BY THE EXECUTIVE
313-DIRECTOR
314-.
315-(6) Any amounts of money which
316- THAT remain in trust for the
317-inmate INMATE'S ACCOUNT after the deductions made pursuant to this
318-section shall MUST be paid to the inmate upon parole or discharge from
319-custody. The executive director of the department of corrections shall have
320-the discretion to pay to the inmate any amounts of money which remain in
321-trust for such inmate in installments over the period of one year from the
322-date of parole or discharge. If an inmate dies prior to discharge from
323-custody and the body goes unclaimed for more than five days, the amount
324-remaining in trust
325- THE INMATE'S ACCOUNT may be used to defray any costs
326-incurred by the state of Colorado in connection with the burial of such THE
327-inmate, and any amount remaining after burial costs have been paid or the body has been claimed shall
328- MUST be paid to the inmate's estate.
329-(8) In making offender work assignments pursuant to section
330-17-24-114, there shall be a presumption that the most fit and able inmates
331-shall be assigned by the director to a work assignment pursuant to this
332-section.
333-SECTION 11. In Colorado Revised Statutes, 17-24-125, amend
334-(4)(a) as follows:
335-17-24-125. Correctional industries at nonstate-owned facilities
336-- definitions. (4) (a) Each nonstate-owned prison facility operating an
337-inmate labor program shall hold wages earned by a state prisoner in trust for
338-the prisoner AN INMATE in a revenue-producing account FOR THE INMATE
339-until the prisoner INMATE is paroled or discharged from custody. Out of the
340-wages held in trust for a state prisoner AN INMATE pursuant to the provisions
341-of this paragraph SUBSECTION (4)(a), the nonstate-owned prison facility
342-shall make disbursements pursuant to the provisions of section 17-24-122
343-(4) and (5). Section 17-24-122 (6) shall also apply to any wages held in trust
344-for a state prisoner pursuant to this paragraph (a) SECTION 17-24-122 (5)
345-AND (6).
346-PAGE 9-SENATE BILL 22-050 SECTION 12. In Colorado Revised Statutes, amend 17-29-101 as
347-follows:
348-17-29-101. Legislative declaration. The general assembly hereby
349-finds and declares that the people of this state would benefit from a program
350-to reclaim and maintain the land and resources of public entities within this
351-state AN INMATE REHABILITATION AND WORK PROGRAM THAT PROMOTES
352-THAT PERSON
353-'S SUCCESSFUL REHABILITATION , REENTRY, AND
354-REINTEGRATION INTO THE COMMUNITY
355-; that the executive director has
356-custody over inmates both male and female,
357- who could be utilized as a labor
358-force in BENEFIT FROM such a program; that such a program would reinforce
359-the rehabilitation of such inmates, PROVIDES work skills and instill INSTILLS
360-a work ethic in the inmates, thereby facilitating their readjustment to
361-society. and that work assignments involving physical labor will assist the
362-executive director and the wardens in the management of correctional
363-facilities under their supervision. To these ends, it is the purpose of this
364-article ARTICLE 29 to create within the department physical labor work
365-programs, including an intensive labor work program for all inmates
366-INTERNAL AND EXTERNAL REHABILITATION AND WORK PROGRAMS FOR
367-INMATES
368- sentenced to the department. including repeat offenders and paroleviolators as well as those inmates who demonstrate behavior inconsistent
369-with the rules of the department or any of its facilities, which utilize the
370-physical labor of inmates. The executive director or the executive director's
371-designee may appoint facility wardens, responsible for the administration
372-of correctional facilities, to perform the duties and functions set forth in this
373-article
374- ARTICLE 29.
375-SECTION 13. In Colorado Revised Statutes, 17-29-105, amend (1)
376-introductory portion and (1)(h); and repeal (2) as follows:
377-17-29-105. Minimum security off-grounds work programs -
286+DIVISION, IN COLLABORATION WITH THE department, is24
287+authorized to enter into agreements subject to state fiscal rules and the25
288+prior review of the attorney general which
289+ THAT allow for PRIVATE PARTY26
290+financing by the private contractor for equipment, raw materials, training27
291+050
292+-9- of workers, and operation of industries developed pursuant to the1
293+provisions of this section. In any such agreement, the department may2
294+provide for the recovery of the costs of providing facilities for the private3
295+contractor by requiring the payment of rent for such facilities.4
296+(3) Agreements entered into pursuant to this section shall MUST5
297+provide that any inmate assigned pursuant to section 17-24-114 (1) to6
298+work as inmate labor AN EXTERNAL PROGRAM for a private person or7
299+entity which THAT made such agreement pursuant to subsection (1) of this8
300+section shall be IS an employee of the private person or entity and,9
301+notwithstanding section 17-24-114 (2), such inmate shall be paid THE10
302+PRIVATE PERSON OR ENTITY SHALL PAY at least the federal STATE11
303+minimum wage for the labor performed. Such wages shall MUST be paid12
304+to the department of corrections and shall be held in trust for the inmate13
305+in a revenue-producing account until the inmate is paroled or discharged14
306+from custody. The provisions of AN ACCOUNT FOR THE INMATE . Section15
307+8-40-301 (3), C.R.S., shall apply APPLIES to any inmate employed by a16
308+private person or entity pursuant to this section.17
309+(4) Out of the wages held in trust for an inmate pursuant to18
310+subsection (3) of this section, the department of corrections shall deduct19
311+up to fifty percent of such wages to be used to defray the costs incident20
312+to the inmate's confinement.21
313+(5) Out of the
314+INMATE'S
315+ wages, held in trust for an inmate22
316+pursuant to subsection (3) of this section, and subsequent to the deduction23
317+made pursuant to subsection (4) of this section, the department of24
318+corrections shall deduct periodically for the following purposes and in the25
319+following order of priority:26
320+(a) Compensation of RESTITUTION FOR the victim of the crime27
321+050
322+-10- committed by the inmate for expenses actually and reasonably incurred1
323+as a result of the injury to the person or property of the victim, including2
324+medical expenses, loss of earning power, and any other pecuniary loss3
325+directly resulting from the injury to the person or property or the death of4
326+the victim, which a court of competent jurisdiction determines or has5
327+determined to be reasonable and proper;6
328+(a.5) Voluntary payment of such amounts to the victims assistance7
329+and law enforcement fund established in section 24-33.5-506, C.R.S., as8
330+is deemed appropriate by the executive director of the department; of9
331+corrections; AND10
332+(b) Payment of such amounts for the support of the inmate's11
333+dependents as is deemed appropriate by the executive director of the12
334+department, of corrections, taking into account any court orders for such13
335+support. and14
336+(c) Payment of incidental PERSONAL expenses of the inmate while15
337+the inmate is still in custody AS DEEMED APPROPRIATE BY THE EXECUTIVE16
338+DIRECTOR.17
339+(6) Any amounts of money which THAT remain in trust for the18
340+inmate INMATE'S ACCOUNT after the deductions made pursuant to this19
341+section shall MUST be paid to the inmate upon parole or discharge from20
342+custody. The executive director of the department of corrections shall21
343+have the discretion to pay to the inmate any amounts of money which22
344+remain in trust for such inmate in installments over the period of one year23
345+from the date of parole or discharge. If an inmate dies prior to discharge24
346+from custody and the body goes unclaimed for more than five days, the25
347+amount remaining in trust THE INMATE'S ACCOUNT may be used to defray26
348+any costs incurred by the state of Colorado in connection with the burial27
349+050
350+-11- of such THE inmate, and any amount remaining after burial costs have1
351+been paid or the body has been claimed shall MUST be paid to the inmate's2
352+estate.3
353+(8) In making offender work assignments pursuant to section4
354+17-24-114, there shall be a presumption that the most fit and able inmates5
355+shall be assigned by the director to a work assignment pursuant to this6
356+section.7
357+SECTION 11. In Colorado Revised Statutes, 17-24-125, amend8
358+(4)(a) as follows:9
359+17-24-125. Correctional industries at nonstate-owned facilities10
360+- definitions. (4) (a) Each nonstate-owned prison facility operating an11
361+inmate labor program shall hold wages earned by a state prisoner in trust12
362+for the prisoner AN INMATE in a revenue-producing account FOR THE13
363+INMATE until the prisoner INMATE is paroled or discharged from custody.14
364+Out of the wages held in trust for a state prisoner AN INMATE pursuant to15
365+the provisions of this paragraph SUBSECTION (4)(a), the nonstate-owned16
366+prison facility shall make disbursements pursuant to the provisions of17
367+section 17-24-122 (4) and (5). Section 17-24-122 (6) shall also apply to18
368+any wages held in trust for a state prisoner pursuant to this paragraph (a)19
369+SECTION 17-24-122 (5) AND (6).20
370+SECTION 12. In Colorado Revised Statutes, amend 17-29-10121
371+as follows:22
372+17-29-101. Legislative declaration. The general assembly hereby23
373+finds and declares that the people of this state would benefit from a24
374+program to reclaim and maintain the land and resources of public entities25
375+within this state AN INMATE REHABILITATION AND WORK PROGRAM THAT26
376+PROMOTES THAT PERSON'S SUCCESSFUL REHABILITATION, REENTRY, AND27
377+050
378+-12- REINTEGRATION INTO THE COMMUNITY ; that the executive director has1
379+custody over inmates both male and female, who could be utilized as a2
380+labor force in BENEFIT FROM such a program; that such a program would3
381+reinforce the rehabilitation of such inmates, PROVIDES work skills and4
382+instill INSTILLS a work ethic in the inmates, thereby facilitating their5
383+readjustment to society. and that work assignments involving physical6
384+labor will assist the executive director and the wardens in the7
385+management of correctional facilities under their supervision. To these8
386+ends, it is the purpose of this article ARTICLE 29 to create within the9
387+department physical labor work programs, including an intensive labor10
388+work program for all inmates INTERNAL AND EXTERNAL REHABILITATION11
389+AND WORK PROGRAMS FOR INMATES sentenced to the department.12
390+including repeat offenders and parole violators as well as those inmates13
391+who demonstrate behavior inconsistent with the rules of the department14
392+or any of its facilities, which utilize the physical labor of inmates. The15
393+executive director or the executive director's designee may appoint16
394+facility wardens, responsible for the administration of correctional17
395+facilities, to perform the duties and functions set forth in this article18
396+ARTICLE 29.19
397+SECTION 13. In Colorado Revised Statutes, 17-29-105, amend20
398+(1) introductory portion and (1)(h); and repeal (2) as follows:21
399+17-29-105. Minimum security off-grounds work programs -22
378400 authorized. (1) The executive director,
379-IN COLLABORATION WITH THE
380-DIVISION OF CORRECTIONAL INDUSTRIES
381-, may establish an off-grounds
382-EXTERNAL work program for any appropriate MEDIUM, minimum, and
383-minimum-restrictive inmates. The purpose of the program is to provide
384-employment opportunities for such inmates, to reinforce the rehabilitation
385-of such inmates, and to provide inmates with the necessary skills and
386-appropriate work ethics in reentering the work force and their communities.
387-Under the program, inmates may be assigned to appropriate work
388-assignments requested by
389- THROUGH EMPLOYMENT AGREEMENTS WITH any
390-PAGE 10-SENATE BILL 22-050 federal, state, or local governmental agency; or nonprofit agency;
391-Appropriate work assignments shall be determined by the executive
392-director. Requests from agencies and agency agreements with the
393-department shall OR PRIVATE PERSON OR ENTITY. THE EXECUTIVE DIRECTOR
394-SHALL DETERMINE APPROPRIATE WORK ASSIGNMENTS
395-. EMPLOYMENT
396-AGREEMENTS MUST
397- comply with criteria established by the executive
398-director pursuant to section 17-20-115; except that such criteria may include
399-but is not limited to the following requirements:
400-(h) That inmates be ARE compensated AT THE STATE MINIMUM
401-WAGE
402-, in accordance with the provisions of this title
403- TITLE 17, and with the
404-Colorado department of corrections inmate pay regulation including, but not
405-limited to, provisions with respect to deductions. and reimbursement for
406-care claims.
407-(2) No project shall be undertaken or agreement made for any
408-project that results in any personal benefit or profit for a private individual
409-as opposed to the public.
410-PAGE 11-SENATE BILL 22-050 SECTION 14. Safety clause. The general assembly hereby finds,
411-determines, and declares that this act is necessary for the immediate
412-preservation of the public peace, health, or safety.
413-____________________________ ____________________________
414-Steve Fenberg Alec Garnett
415-PRESIDENT OF SPEAKER OF THE HOUSE
416-THE SENATE OF REPRESENTATIVES
417-____________________________ ____________________________
418-Cindi L. Markwell Robin Jones
419-SECRETARY OF CHIEF CLERK OF THE HOUSE
420-THE SENATE OF REPRESENTATIVES
421- APPROVED________________________________________
422- (Date and Time)
423- _________________________________________
424- Jared S. Polis
425- GOVERNOR OF THE STATE OF COLORADO
426-PAGE 12-SENATE BILL 22-050
401+IN COLLABORATION WITH THE23
402+DIVISION OF CORRECTIONAL INDUSTRIES , may establish an off-grounds
403+24
404+EXTERNAL work program for any appropriate MEDIUM, minimum, and25
405+minimum-restrictive inmates. The purpose of the program is to provide26
406+employment opportunities for such inmates, to reinforce the rehabilitation27
407+050
408+-13- of such inmates, and to provide inmates with the necessary skills and1
409+appropriate work ethics in reentering the work force and their2
410+communities. Under the program, inmates may be assigned to appropriate3
411+work assignments requested by THROUGH EMPLOYMENT AGREEMENTS4
412+WITH any federal, state, or local governmental agency; or nonprofit5
413+agency; Appropriate work assignments shall be determined by the6
414+executive director. Requests from agencies and agency agreements with7
415+the department shall OR PRIVATE PERSON OR ENTITY . THE EXECUTIVE8
416+DIRECTOR SHALL DETERMINE APPROPRIATE WORK ASSIGNMENTS .9
417+E
418+MPLOYMENT AGREEMENTS MUST comply with criteria established by the10
419+executive director pursuant to section 17-20-115; except that such criteria11
420+may include but is not limited to the following requirements:12
421+
422+ 13
423+(h) That inmates be ARE compensated AT THE STATE MINIMUM14
424+WAGE, in accordance with the provisions of this title TITLE 17, and with15
425+the Colorado department of corrections inmate pay regulation including,16
426+but not limited to, provisions with respect to deductions. and17
427+reimbursement for care claims.18
428+(2) No project shall be undertaken or agreement made for any19
429+project that results in any personal benefit or profit for a private20
430+individual as opposed to the public.21
431+SECTION 14. Safety clause. The general assembly hereby finds,22
432+determines, and declares that this act is necessary for the immediate23
433+preservation of the public peace, health, or safety.24
434+050
435+-14-