12 | | - | ONCERNING WORK OPPORTUNITIES FOR PERSONS IMPRISONED BY THE |
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13 | | - | DEPARTMENT OF CORRECTIONS |
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14 | | - | . |
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| 13 | + | ONCERNING WORK OPPORTUNITIES FOR PERSONS IMPRISONED BY THE101 |
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| 14 | + | DEPARTMENT OF CORRECTIONS .102 |
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| 15 | + | Bill Summary |
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| 16 | + | (Note: This summary applies to this bill as introduced and does |
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| 17 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 18 | + | passes third reading in the house of introduction, a bill summary that |
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| 19 | + | applies to the reengrossed version of this bill will be available at |
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| 20 | + | http://leg.colorado.gov |
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| 21 | + | .) |
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| 22 | + | The bill clarifies the opportunities available to offenders |
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| 23 | + | imprisoned by the department of corrections (department). |
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| 24 | + | The bill clarifies that the rehabilitation and work opportunities |
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| 25 | + | available to offenders are to promote the person's successful |
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| 26 | + | rehabilitation, reentry, and reintegration into the community. |
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| 27 | + | The bill clarifies a distinction between external programs, which |
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| 28 | + | HOUSE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | March 14, 2022 |
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| 31 | + | HOUSE |
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| 32 | + | Amended 2nd Reading |
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| 33 | + | March 12, 2022 |
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| 34 | + | SENATE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | February 23, 2022 |
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| 37 | + | SENATE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | February 22, 2022 |
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| 40 | + | SENATE SPONSORSHIP |
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| 41 | + | Coleman and Hisey, Bridges, Buckner, Fenberg, Gardner, Gonzales, Hansen, Jaquez |
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| 42 | + | Lewis, Kolker, Lee, Moreno, Pettersen, Priola, Simpson, Winter, Woodward |
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| 43 | + | HOUSE SPONSORSHIP |
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| 44 | + | Soper and Exum, Bacon, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, |
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| 45 | + | Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Kennedy, Kipp, Lindsay, Lontine, |
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| 46 | + | Lynch, McCluskie, Mullica, Sirota, Snyder, Titone, Valdez A., Weissman, Woodrow |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 49 | + | Dashes through the words indicate deletions from existing statute. are administered by the division of correctional industries (division) in |
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| 50 | + | partnership with private employers that occur outside of department |
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| 51 | + | facilities, and internal programs, which are opportunities provided inside |
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| 52 | + | a department facility administered by the division and may be in |
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| 53 | + | partnership with employers outside of department facilities. |
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| 54 | + | The bill amends offender compensation and permissible |
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| 55 | + | deductions from an offender's account. |
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| 56 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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17 | | - | SECTION 1. In Colorado Revised Statutes, 17-1-103, amend (1)(f) |
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18 | | - | as follows: |
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19 | | - | 17-1-103. Duties of the executive director. (1) The duties of the |
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20 | | - | executive director are: |
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21 | | - | (f) To the extent practical, to |
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22 | | - | develop within the correctional |
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23 | | - | institutions, industries REHABILITATION AND WORK PROGRAMS that develop |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. work skills for inmates and that also will serve the purpose of supplying |
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32 | | - | SUPPLY necessary products for state institutions and other public purposes |
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33 | | - | as provided SPECIFIED by law; |
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34 | | - | SECTION 2. In Colorado Revised Statutes, amend 17-20-115 as |
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35 | | - | follows: |
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36 | | - | 17-20-115. Rehabilitation and work programs for rehabilitation, |
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37 | | - | reentry, and reintegration. All persons convicted of any crime and |
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38 | | - | confined in any state correctional facilities under the laws of this state, |
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39 | | - | except such as are precluded by the terms of the judgment of conviction, |
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40 | | - | shall perform labor |
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41 | | - | PARTICIPATE IN A REHABILITATION AND WORK PROGRAM |
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42 | | - | THAT PROMOTES THE PERSON |
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43 | | - | 'S SUCCESSFUL REHABILITATION, REENTRY, AND |
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44 | | - | REINTEGRATION INTO THE COMMUNITY |
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45 | | - | , under such rules and regulations as |
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46 | | - | may be prescribed by the department. |
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47 | | - | SECTION 3. In Colorado Revised Statutes, amend 17-20-117 as |
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48 | | - | follows: |
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49 | | - | 17-20-117. Inmate rehabilitation and work. Every able-bodied |
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50 | | - | inmate shall be put to and kept at PARTICIPATE IN the work most suitable to |
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51 | | - | such THE inmate's capacity and most advantageous to the people of this |
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52 | | - | state. Inmates PROMOTES THE INMATE 'S SUCCESSFUL REHABILITATION , |
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53 | | - | REENTRY, AND REINTEGRATION INTO THE COMMUNITY . INMATES who work |
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54 | | - | in the department shall not be ARE NOT entitled to any right, benefit, or |
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55 | | - | privilege applicable to employees of the state of Colorado. |
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56 | | - | SECTION 4. In Colorado Revised Statutes, amend 17-24-102 as |
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57 | | - | follows: |
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58 | | - | 17-24-102. Legislative declaration. (1) The general assembly |
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59 | | - | hereby finds and declares that, to the extent possible, all able-bodied |
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60 | | - | offenders INMATES should be employed and that the means now provided |
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61 | | - | for the employment of offenders are inadequate to allow a forty-hour-week |
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62 | | - | work assignment for all able-bodied offenders and for correctional |
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63 | | - | industries programs to be operated on a financially profitable basis |
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64 | | - | PARTICIPATE IN PROGRAMS THAT PROMOTE SUCCESSFUL REHABILITATION , |
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65 | | - | REENTRY, AND REINTEGRATION INTO THE COMMUNITY . Therefore, it is the |
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66 | | - | intent of the general assembly in this article to: GENERAL ASSEMBLY'S |
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67 | | - | INTENT TO CREATE A DIVISION OF CORRECTIONAL INDUSTRIES TO DEVELOP |
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68 | | - | PAGE 2-SENATE BILL 22-050 REHABILITATION AND WORK PROGRAMS INSIDE AND OUTSIDE OF THE |
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69 | | - | DEPARTMENT |
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70 | | - | 'S FACILITIES TO PROMOTE INMATES ' SUCCESSFUL |
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71 | | - | REHABILITATION |
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72 | | - | , REENTRY, AND REINTEGRATION INTO THE COMMUNITY . |
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73 | | - | (a) Create a division of correctional industries which is |
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74 | | - | profit-oriented, which generates revenue for its operations and capital |
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75 | | - | investment, which partly reimburses the general fund for the expense of |
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76 | | - | correctional services, and which assumes responsibility for training |
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77 | | - | offenders in general work habits, work skills, and specific training skills |
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78 | | - | that increase their employment prospects when released; |
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79 | | - | (b) Develop, to the extent possible, industries that provide forty |
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80 | | - | hours of work activity each week for all able-bodied offenders; |
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81 | | - | (c) Provide an environment for the operation of correctional |
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82 | | - | industries that closely resembles the environment for the business |
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83 | | - | operations of a private corporate entity; |
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84 | | - | (d) Make the division of correctional industries responsible for and |
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85 | | - | accountable to the general assembly and to the governor for correctional |
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86 | | - | industries programs in this state. |
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87 | | - | (2) It is the GENERAL ASSEMBLY'S intent of the general assembly that |
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88 | | - | the division of correctional industries assume COLLABORATE WITH THE |
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89 | | - | DEPARTMENT TO PERFORM |
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90 | | - | all duties and functions for correctional |
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91 | | - | industries. |
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92 | | - | SECTION 5. In Colorado Revised Statutes, 17-24-103, amend the |
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93 | | - | introductory portion and (4); and add (5) and (6) as follows: |
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94 | | - | 17-24-103. Definitions. As used in this article |
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95 | | - | ARTICLE 24, unless |
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96 | | - | the context otherwise requires: |
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97 | | - | (4) "Programs" "EXTERNAL PROGRAM " means the correctional |
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98 | | - | industries programs provided and A REHABILITATION AND WORK PROGRAM |
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99 | | - | administered by the division but IN PARTNERSHIP WITH EMPLOYERS OUTSIDE |
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100 | | - | OF DEPARTMENT FACILITIES |
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101 | | - | . "EXTERNAL PROGRAM " does not include |
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102 | | - | educational services or other productive activities administered by the |
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103 | | - | division of adult parole. |
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104 | | - | PAGE 3-SENATE BILL 22-050 (5) "INTERNAL PROGRAM " MEANS A REHABILITATION AND WORK |
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105 | | - | PROGRAM THAT IS PROVIDED INSIDE A DEPARTMENT FACILITY |
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106 | | - | , IS |
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107 | | - | ADMINISTERED BY THE DIVISION |
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108 | | - | , AND MAY BE IN PARTNERSHIP WITH |
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109 | | - | EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES |
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110 | | - | . "INTERNAL PROGRAM" |
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111 | | - | DOES NOT INCLUDE EDUCATIONAL SERVICES OR OTHER PRODUCTIVE |
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112 | | - | ACTIVITIES ADMINISTERED BY THE DIVISION OF ADULT PAROLE |
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113 | | - | . |
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| 58 | + | 2 |
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| 59 | + | SECTION 1. In Colorado Revised Statutes, 17-1-103, amend3 |
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| 60 | + | (1)(f) as follows:4 |
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| 61 | + | 17-1-103. Duties of the executive director. (1) The duties of the5 |
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| 62 | + | executive director are:6 |
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| 63 | + | (f) To the extent practical, to develop within the correctional7 |
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| 64 | + | institutions, industries REHABILITATION AND WORK PROGRAMS that8 |
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| 65 | + | develop work skills for inmates and that also will serve the purpose of9 |
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| 66 | + | supplying SUPPLY necessary products for state institutions and other10 |
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| 67 | + | public purposes as provided SPECIFIED by law;11 |
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| 68 | + | SECTION 2. In Colorado Revised Statutes, amend 17-20-115 as12 |
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| 69 | + | follows:13 |
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| 70 | + | 17-20-115. Rehabilitation and work programs for14 |
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| 71 | + | rehabilitation, reentry, and reintegration. All persons convicted of any15 |
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| 72 | + | crime and confined in any state correctional facilities under the laws of16 |
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| 73 | + | this state, except such as are precluded by the terms of the judgment of17 |
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| 74 | + | conviction, shall perform labor PARTICIPATE IN A REHABILITATION AND18 |
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| 75 | + | WORK PROGRAM THAT PROMOTES THE PERSON 'S SUCCESSFUL19 |
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| 76 | + | REHABILITATION, REENTRY, AND REINTEGRATION INTO THE COMMUNITY ,20 |
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| 77 | + | under such rules and regulations as may be prescribed by the department.21 |
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| 78 | + | SECTION 3. In Colorado Revised Statutes, amend 17-20-117 as22 |
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| 79 | + | 050-2- follows:1 |
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| 80 | + | 17-20-117. Inmate rehabilitation and work. Every able-bodied2 |
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| 81 | + | inmate shall be put to and kept at PARTICIPATE IN the work most suitable3 |
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| 82 | + | to such THE inmate's capacity and most advantageous to the people of this4 |
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| 83 | + | state. Inmates PROMOTES THE INMATE'S SUCCESSFUL REHABILITATION,5 |
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| 84 | + | REENTRY, AND REINTEGRATION INTO THE COMMUNITY . INMATES who6 |
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| 85 | + | work in the department shall not be ARE NOT entitled to any right, benefit,7 |
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| 86 | + | or privilege applicable to employees of the state of Colorado.8 |
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| 87 | + | SECTION 4. In Colorado Revised Statutes, amend 17-24-102 as9 |
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| 88 | + | follows:10 |
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| 89 | + | 17-24-102. Legislative declaration. (1) The general assembly11 |
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| 90 | + | hereby finds and declares that, to the extent possible, all able-bodied12 |
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| 91 | + | offenders INMATES should be employed and that the means now provided13 |
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| 92 | + | for the employment of offenders are inadequate to allow a14 |
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| 93 | + | forty-hour-week work assignment for all able-bodied offenders and for15 |
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| 94 | + | correctional industries programs to be operated on a financially profitable16 |
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| 95 | + | basis PARTICIPATE IN PROGRAMS THAT PROMOTE SUCCESSFUL17 |
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| 96 | + | REHABILITATION, REENTRY, AND REINTEGRATION INTO THE COMMUNITY .18 |
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| 97 | + | Therefore, it is the intent of the general assembly in this article to:19 |
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| 98 | + | GENERAL ASSEMBLY'S INTENT TO CREATE A DIVISION OF CORRECTIONAL20 |
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| 99 | + | INDUSTRIES TO DEVELOP REHABILITATION AND WORK PROGRAMS INSIDE21 |
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| 100 | + | AND OUTSIDE OF THE DEPARTMENT 'S FACILITIES TO PROMOTE INMATES'22 |
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| 101 | + | SUCCESSFUL REHABILITATION, REENTRY, AND REINTEGRATION INTO THE23 |
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| 102 | + | COMMUNITY.24 |
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| 103 | + | (a) Create a division of correctional industries which is25 |
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| 104 | + | profit-oriented, which generates revenue for its operations and capital26 |
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| 105 | + | investment, which partly reimburses the general fund for the expense of27 |
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| 106 | + | 050 |
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| 107 | + | -3- correctional services, and which assumes responsibility for training1 |
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| 108 | + | offenders in general work habits, work skills, and specific training skills2 |
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| 109 | + | that increase their employment prospects when released;3 |
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| 110 | + | (b) Develop, to the extent possible, industries that provide forty4 |
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| 111 | + | hours of work activity each week for all able-bodied offenders;5 |
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| 112 | + | (c) Provide an environment for the operation of correctional6 |
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| 113 | + | industries that closely resembles the environment for the business7 |
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| 114 | + | operations of a private corporate entity;8 |
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| 115 | + | (d) Make the division of correctional industries responsible for9 |
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| 116 | + | and accountable to the general assembly and to the governor for10 |
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| 117 | + | correctional industries programs in this state.11 |
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| 118 | + | (2) It is the |
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| 119 | + | GENERAL ASSEMBLY'S intent of the general assembly |
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| 120 | + | 12 |
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| 121 | + | that the division of correctional industries assume COLLABORATE WITH13 |
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| 122 | + | THE DEPARTMENT TO PERFORM all duties and functions for correctional14 |
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| 123 | + | industries.15 |
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| 124 | + | SECTION 5. In Colorado Revised Statutes, 17-24-103, amend16 |
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| 125 | + | the introductory portion and (4); and add (5) and (6) as follows:17 |
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| 126 | + | 17-24-103. Definitions. As used in this article ARTICLE 24, unless18 |
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| 127 | + | the context otherwise requires:19 |
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| 128 | + | (4) "Programs" "EXTERNAL PROGRAM" means the correctional20 |
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| 129 | + | industries programs provided and A REHABILITATION AND WORK21 |
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| 130 | + | PROGRAM administered by the division but IN PARTNERSHIP WITH22 |
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| 131 | + | EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES . "EXTERNAL PROGRAM"23 |
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| 132 | + | does not include educational services or other productive activities24 |
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| 133 | + | administered by the division of adult parole.25 |
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| 134 | + | (5) "I |
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| 135 | + | NTERNAL PROGRAM" MEANS A REHABILITATION AND WORK26 |
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| 136 | + | PROGRAM THAT IS PROVIDED INSIDE A DEPARTMENT FACILITY , IS27 |
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| 137 | + | 050 |
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| 138 | + | -4- ADMINISTERED BY THE DIVISION , AND MAY BE IN PARTNERSHIP WITH1 |
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| 139 | + | EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES . "INTERNAL PROGRAM"2 |
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| 140 | + | DOES NOT INCLUDE EDUCATIONAL SERVICES OR OTHER PRODUCTIVE3 |
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| 141 | + | ACTIVITIES ADMINISTERED BY THE DIVISION OF ADULT PAROLE .4 |
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115 | | - | ROGRAMS" MEANS EXTERNAL PROGRAMS AND INTERNAL |
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116 | | - | PROGRAMS |
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117 | | - | . |
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118 | | - | SECTION 6. In Colorado Revised Statutes, 17-24-106, amend (1) |
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119 | | - | introductory portion, (1)(b), (1)(d), (1)(e), (1)(f)(I), (1)(p), and (1)(r); and |
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120 | | - | repeal (1)(a) and (1)(c) as follows: |
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121 | | - | 17-24-106. General powers of the division. (1) In addition to any |
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122 | | - | other powers granted to the division by this article 24, the division shall |
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123 | | - | have HAS the following powers: |
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124 | | - | (a) To provide programs which are profit-oriented, which generate |
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125 | | - | revenue for their operation and capital investment, and which partly |
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126 | | - | reimburse the general fund for the use of inmate labor for the expense of |
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127 | | - | adult correctional services; |
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128 | | - | (b) To develop to the extent possible, programs that provide forty |
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129 | | - | hours of work activity each week for all able-bodied offenders PROMOTE |
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130 | | - | SUCCESSFUL REHABILITATION |
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131 | | - | , REENTRY, AND REINTEGRATION INTO THE |
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132 | | - | COMMUNITY |
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133 | | - | ; |
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134 | | - | (c) To develop programs that assume responsibility for training |
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135 | | - | offenders in general work habits, general work skills, and specific training |
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136 | | - | skills which increase the offenders' employment prospects when released; |
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137 | | - | (d) To acquire or purchase equipment, raw materials, supplies, |
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138 | | - | office space, insurance, and services and to engage the supervisory |
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139 | | - | personnel necessary to establish and maintain for |
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140 | | - | the state EXTERNAL |
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141 | | - | programs AND INTERNAL PROGRAMS at the state's correctional institutions |
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142 | | - | pursuant to law; |
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143 | | - | (e) To utilize the labor services of prisoners in the manufacture or |
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144 | | - | production of PRODUCE goods and services that are needed for the |
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145 | | - | PAGE 4-SENATE BILL 22-050 construction, operation, or maintenance of any office, department, |
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146 | | - | institution, or agency supported in whole or in part by the state, any political |
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147 | | - | subdivision of the state, or the federal government; |
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148 | | - | (f) (I) To sell all |
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149 | | - | goods and services, including capital construction |
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150 | | - | items, produced by the |
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151 | | - | INTERNAL programs to agencies supported in whole |
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152 | | - | or in part by the state, any political subdivision of the state, other states or |
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153 | | - | their political subdivisions, or the federal government; or |
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154 | | - | AND |
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155 | | - | (p) To sell Colorado state flags produced by the programs AN |
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156 | | - | INTERNAL PROGRAM |
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157 | | - | to retailers in this state at a price as near to the |
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158 | | - | prevailing wholesale market price and quality as is practical and to |
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159 | | - | individuals at retail price; however, the division must supply the |
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160 | | - | requirements of state agencies and political subdivisions of the state before |
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161 | | - | selling such flags as provided in this paragraph (p) |
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162 | | - | SUBSECTION (1)(p). The |
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163 | | - | price of flags to state agencies and political subdivisions of this state shall |
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164 | | - | MUST be determined pursuant to section 17-24-112. |
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165 | | - | (r) To utilize the labor services of prisoners in order to receive, |
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166 | | - | repair, and distribute surplus property pursuant to the powers and duties |
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167 | | - | provided in part 4 of article 82 of title 24, C.R.S., |
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168 | | - | and to use such labor |
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169 | | - | services in order to receive, repair, sell, or otherwise dispose of surplus state |
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170 | | - | property as provided in section 17-24-106.6; |
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171 | | - | SECTION 7. In Colorado Revised Statutes, 17-24-110, amend (1) |
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172 | | - | and (2) as follows: |
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173 | | - | 17-24-110. Financial payment incentives. (1) The division shall |
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174 | | - | establish a system of financial payments to serve as an incentive for more |
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175 | | - | effective and efficient performance of its programs FOR INMATES WHO |
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176 | | - | PARTICIPATE IN INTERNAL PROGRAMS |
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177 | | - | . |
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178 | | - | (2) The division shall be provided, from the |
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179 | | - | diagnostic services unit |
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180 | | - | of the division of adult parole |
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181 | | - | SHALL PROVIDE TO THE DIVISION personnel |
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182 | | - | testing services that perform a vocational assessment of work experience |
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183 | | - | and training needs; from the superintendent of each correctional institution, |
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184 | | - | offender labor services; and from the superintendent of each such |
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185 | | - | institution, security services at the work site, in addition to perimeter and |
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186 | | - | scheduled security, when the division and the superintendent determine |
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187 | | - | such additional services are reasonably necessary to ensure the safety of the |
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188 | | - | PAGE 5-SENATE BILL 22-050 public, the staff, and the offenders INMATES. |
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189 | | - | SECTION 8. In Colorado Revised Statutes, 17-24-112, amend (1) |
---|
190 | | - | as follows: |
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191 | | - | 17-24-112. Pricing. (1) The division shall fix and determine the |
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192 | | - | prices at which all labor is performed and at which all goods and services |
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193 | | - | produced are sold. Such FOR INTERNAL PROGRAM LABOR , GOODS, AND |
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194 | | - | SERVICES |
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195 | | - | . THE prices for industry products shall |
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196 | | - | MUST be as near the |
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| 143 | + | ROGRAMS" MEANS EXTERNAL PROGRAMS AND INTERNAL5 |
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| 144 | + | PROGRAMS.6 |
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| 145 | + | SECTION 6. |
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| 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 |
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| 149 | + | 17-24-106. General powers of the division. (1) In addition to10 |
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| 150 | + | any other powers granted to the division by this article 24, the division11 |
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| 151 | + | shall have HAS the following powers:12 |
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| 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 |
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| 156 | + | (b) To develop to the extent possible, programs that provide forty17 |
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| 157 | + | hours of work activity each week for all able-bodied offenders PROMOTE18 |
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| 158 | + | SUCCESSFUL REHABILITATION, REENTRY, AND REINTEGRATION INTO THE19 |
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| 159 | + | COMMUNITY;20 |
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| 160 | + | (c) To develop programs that assume responsibility for training21 |
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| 161 | + | offenders in general work habits, general work skills, and specific22 |
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| 162 | + | training skills which increase the offenders' employment prospects when23 |
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| 163 | + | released;24 |
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| 164 | + | (d) To acquire or purchase equipment, raw materials, supplies,25 |
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| 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 |
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| 170 | + | (e) To utilize the labor services of prisoners in the manufacture or3 |
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| 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 |
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| 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 |
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| 177 | + | INTERNAL programs to agencies9 |
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| 178 | + | supported in whole or in part by the state, any political subdivision of the10 |
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| 179 | + | state, other states or their political subdivisions, or the federal11 |
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| 180 | + | government; or |
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| 181 | + | AND12 |
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| 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 |
---|
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 |
---|
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 |
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| 370 | + | SECTION 12. In Colorado Revised Statutes, amend 17-29-10121 |
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| 371 | + | as follows:22 |
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| 372 | + | 17-29-101. Legislative declaration. The general assembly hereby23 |
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| 373 | + | finds and declares that the people of this state would benefit from a24 |
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| 374 | + | program to reclaim and maintain the land and resources of public entities25 |
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| 375 | + | within this state AN INMATE REHABILITATION AND WORK PROGRAM THAT26 |
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| 376 | + | PROMOTES THAT PERSON'S SUCCESSFUL REHABILITATION, REENTRY, AND27 |
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| 377 | + | 050 |
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| 378 | + | -12- REINTEGRATION INTO THE COMMUNITY ; that the executive director has1 |
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| 379 | + | custody over inmates both male and female, who could be utilized as a2 |
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| 380 | + | labor force in BENEFIT FROM such a program; that such a program would3 |
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| 381 | + | reinforce the rehabilitation of such inmates, PROVIDES work skills and4 |
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| 382 | + | instill INSTILLS a work ethic in the inmates, thereby facilitating their5 |
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| 383 | + | readjustment to society. and that work assignments involving physical6 |
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| 384 | + | labor will assist the executive director and the wardens in the7 |
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| 385 | + | management of correctional facilities under their supervision. To these8 |
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| 386 | + | ends, it is the purpose of this article ARTICLE 29 to create within the9 |
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| 387 | + | department physical labor work programs, including an intensive labor10 |
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| 388 | + | work program for all inmates INTERNAL AND EXTERNAL REHABILITATION11 |
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| 389 | + | AND WORK PROGRAMS FOR INMATES sentenced to the department.12 |
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| 390 | + | including repeat offenders and parole violators as well as those inmates13 |
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| 391 | + | who demonstrate behavior inconsistent with the rules of the department14 |
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| 392 | + | or any of its facilities, which utilize the physical labor of inmates. The15 |
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| 393 | + | executive director or the executive director's designee may appoint16 |
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| 394 | + | facility wardens, responsible for the administration of correctional17 |
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| 395 | + | facilities, to perform the duties and functions set forth in this article18 |
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| 396 | + | ARTICLE 29.19 |
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| 397 | + | SECTION 13. In Colorado Revised Statutes, 17-29-105, amend20 |
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| 398 | + | (1) introductory portion and (1)(h); and repeal (2) as follows:21 |
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| 399 | + | 17-29-105. Minimum security off-grounds work programs -22 |
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379 | | - | IN COLLABORATION WITH THE |
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380 | | - | DIVISION OF CORRECTIONAL INDUSTRIES |
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381 | | - | , may establish an off-grounds |
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382 | | - | EXTERNAL work program for any appropriate MEDIUM, minimum, and |
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383 | | - | minimum-restrictive inmates. The purpose of the program is to provide |
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384 | | - | employment opportunities for such inmates, to reinforce the rehabilitation |
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385 | | - | of such inmates, and to provide inmates with the necessary skills and |
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386 | | - | appropriate work ethics in reentering the work force and their communities. |
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387 | | - | Under the program, inmates may be assigned to appropriate work |
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388 | | - | assignments requested by |
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389 | | - | THROUGH EMPLOYMENT AGREEMENTS WITH any |
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390 | | - | PAGE 10-SENATE BILL 22-050 federal, state, or local governmental agency; or nonprofit agency; |
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391 | | - | Appropriate work assignments shall be determined by the executive |
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392 | | - | director. Requests from agencies and agency agreements with the |
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393 | | - | department shall OR PRIVATE PERSON OR ENTITY. THE EXECUTIVE DIRECTOR |
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394 | | - | SHALL DETERMINE APPROPRIATE WORK ASSIGNMENTS |
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395 | | - | . EMPLOYMENT |
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396 | | - | AGREEMENTS MUST |
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397 | | - | comply with criteria established by the executive |
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398 | | - | director pursuant to section 17-20-115; except that such criteria may include |
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399 | | - | but is not limited to the following requirements: |
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400 | | - | (h) That inmates be ARE compensated AT THE STATE MINIMUM |
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401 | | - | WAGE |
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402 | | - | , in accordance with the provisions of this title |
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403 | | - | TITLE 17, and with the |
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404 | | - | Colorado department of corrections inmate pay regulation including, but not |
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405 | | - | limited to, provisions with respect to deductions. and reimbursement for |
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406 | | - | care claims. |
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407 | | - | (2) No project shall be undertaken or agreement made for any |
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408 | | - | project that results in any personal benefit or profit for a private individual |
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409 | | - | as opposed to the public. |
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410 | | - | PAGE 11-SENATE BILL 22-050 SECTION 14. Safety clause. The general assembly hereby finds, |
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411 | | - | determines, and declares that this act is necessary for the immediate |
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412 | | - | preservation of the public peace, health, or safety. |
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413 | | - | ____________________________ ____________________________ |
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414 | | - | Steve Fenberg Alec Garnett |
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415 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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416 | | - | THE SENATE OF REPRESENTATIVES |
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417 | | - | ____________________________ ____________________________ |
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418 | | - | Cindi L. Markwell Robin Jones |
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419 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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420 | | - | THE SENATE OF REPRESENTATIVES |
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421 | | - | APPROVED________________________________________ |
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422 | | - | (Date and Time) |
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423 | | - | _________________________________________ |
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424 | | - | Jared S. Polis |
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425 | | - | GOVERNOR OF THE STATE OF COLORADO |
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426 | | - | PAGE 12-SENATE BILL 22-050 |
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| 401 | + | IN COLLABORATION WITH THE23 |
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| 402 | + | DIVISION OF CORRECTIONAL INDUSTRIES , may establish an off-grounds |
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| 403 | + | 24 |
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| 404 | + | EXTERNAL work program for any appropriate MEDIUM, minimum, and25 |
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| 405 | + | minimum-restrictive inmates. The purpose of the program is to provide26 |
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| 406 | + | employment opportunities for such inmates, to reinforce the rehabilitation27 |
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| 407 | + | 050 |
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| 408 | + | -13- of such inmates, and to provide inmates with the necessary skills and1 |
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| 409 | + | appropriate work ethics in reentering the work force and their2 |
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| 410 | + | communities. Under the program, inmates may be assigned to appropriate3 |
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| 411 | + | work assignments requested by THROUGH EMPLOYMENT AGREEMENTS4 |
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| 412 | + | WITH any federal, state, or local governmental agency; or nonprofit5 |
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| 413 | + | agency; Appropriate work assignments shall be determined by the6 |
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| 414 | + | executive director. Requests from agencies and agency agreements with7 |
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| 415 | + | the department shall OR PRIVATE PERSON OR ENTITY . THE EXECUTIVE8 |
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| 416 | + | DIRECTOR SHALL DETERMINE APPROPRIATE WORK ASSIGNMENTS .9 |
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| 417 | + | E |
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| 418 | + | MPLOYMENT AGREEMENTS MUST comply with criteria established by the10 |
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| 419 | + | executive director pursuant to section 17-20-115; except that such criteria11 |
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| 420 | + | may include but is not limited to the following requirements:12 |
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| 421 | + | |
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| 422 | + | 13 |
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| 423 | + | (h) That inmates be ARE compensated AT THE STATE MINIMUM14 |
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| 424 | + | WAGE, in accordance with the provisions of this title TITLE 17, and with15 |
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| 425 | + | the Colorado department of corrections inmate pay regulation including,16 |
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| 426 | + | but not limited to, provisions with respect to deductions. and17 |
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| 427 | + | reimbursement for care claims.18 |
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| 428 | + | (2) No project shall be undertaken or agreement made for any19 |
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| 429 | + | project that results in any personal benefit or profit for a private20 |
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| 430 | + | individual as opposed to the public.21 |
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| 431 | + | SECTION 14. Safety clause. The general assembly hereby finds,22 |
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| 432 | + | determines, and declares that this act is necessary for the immediate23 |
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| 433 | + | preservation of the public peace, health, or safety.24 |
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| 434 | + | 050 |
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| 435 | + | -14- |
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