SENATE BILL 22-050
BY SENATOR(S) Coleman and Hisey, Bridges, Buckner, Donovan,
Fields, Gardner, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Moreno,
Pettersen, Priola, Simpson, Winter, Woodward, Fenberg;
also REPRESENTATIVE(S) Soper and Exum, Bacon, Bernett, Bird,
Boesenecker, Caraveo, Cutter, Duran, Esgar, Froelich, Gonzales-Gutierrez,
Gray, Herod, Hooton, Kennedy, Kipp, Lindsay, Lontine, Lynch,
McCluskie, Mullica, Sirota, Snyder, Titone, Valdez A., Weissman,
Woodrow
.
C
ONCERNING WORK OPPORTUNITIES FOR PERSONS IMPRISONED BY THE
DEPARTMENT OF CORRECTIONS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 17-1-103, amend (1)(f)
as follows:
17-1-103. Duties of the executive director. (1) The duties of the
executive director are:
(f) To the extent practical, to
develop within the correctional
institutions, industries REHABILITATION AND WORK PROGRAMS that develop
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. work skills for inmates and that also will serve the purpose of supplying
SUPPLY necessary products for state institutions and other public purposes
as provided SPECIFIED by law;
SECTION 2. In Colorado Revised Statutes, amend 17-20-115 as
follows:
17-20-115. Rehabilitation and work programs for rehabilitation,
reentry, and reintegration. All persons convicted of any crime and
confined in any state correctional facilities under the laws of this state,
except such as are precluded by the terms of the judgment of conviction,
shall perform labor
PARTICIPATE IN A REHABILITATION AND WORK PROGRAM
THAT PROMOTES THE PERSON
'S SUCCESSFUL REHABILITATION, REENTRY, AND
REINTEGRATION INTO THE COMMUNITY
, under such rules and regulations as
may be prescribed by the department.
SECTION 3. In Colorado Revised Statutes, amend 17-20-117 as
follows:
17-20-117. Inmate rehabilitation and work. Every able-bodied
inmate shall be put to and kept at PARTICIPATE IN the work most suitable to
such THE inmate's capacity and most advantageous to the people of this
state. Inmates PROMOTES THE INMATE 'S SUCCESSFUL REHABILITATION ,
REENTRY, AND REINTEGRATION INTO THE COMMUNITY . INMATES who work
in the department shall not be ARE NOT entitled to any right, benefit, or
privilege applicable to employees of the state of Colorado.
SECTION 4. In Colorado Revised Statutes, amend 17-24-102 as
follows:
17-24-102. Legislative declaration. (1) The general assembly
hereby finds and declares that, to the extent possible, all able-bodied
offenders INMATES should be employed and that the means now provided
for the employment of offenders are inadequate to allow a forty-hour-week
work assignment for all able-bodied offenders and for correctional
industries programs to be operated on a financially profitable basis
PARTICIPATE IN PROGRAMS THAT PROMOTE SUCCESSFUL REHABILITATION ,
REENTRY, AND REINTEGRATION INTO THE COMMUNITY . Therefore, it is the
intent of the general assembly in this article to: GENERAL ASSEMBLY'S
INTENT TO CREATE A DIVISION OF CORRECTIONAL INDUSTRIES TO DEVELOP
PAGE 2-SENATE BILL 22-050 REHABILITATION AND WORK PROGRAMS INSIDE AND OUTSIDE OF THE
DEPARTMENT
'S FACILITIES TO PROMOTE INMATES ' SUCCESSFUL
REHABILITATION
, REENTRY, AND REINTEGRATION INTO THE COMMUNITY .
(a) Create a division of correctional industries which is
profit-oriented, which generates revenue for its operations and capital
investment, which partly reimburses the general fund for the expense of
correctional services, and which assumes responsibility for training
offenders in general work habits, work skills, and specific training skills
that increase their employment prospects when released;
(b) Develop, to the extent possible, industries that provide forty
hours of work activity each week for all able-bodied offenders;
(c) Provide an environment for the operation of correctional
industries that closely resembles the environment for the business
operations of a private corporate entity;
(d) Make the division of correctional industries responsible for and
accountable to the general assembly and to the governor for correctional
industries programs in this state.
(2) It is the GENERAL ASSEMBLY'S intent of the general assembly that
the division of correctional industries assume COLLABORATE WITH THE
DEPARTMENT TO PERFORM
all duties and functions for correctional
industries.
SECTION 5. In Colorado Revised Statutes, 17-24-103, amend the
introductory portion and (4); and add (5) and (6) as follows:
17-24-103. Definitions. As used in this article
ARTICLE 24, unless
the context otherwise requires:
(4) "Programs" "EXTERNAL PROGRAM " means the correctional
industries programs provided and A REHABILITATION AND WORK PROGRAM
administered by the division but IN PARTNERSHIP WITH EMPLOYERS OUTSIDE
OF DEPARTMENT FACILITIES
. "EXTERNAL PROGRAM " does not include
educational services or other productive activities administered by the
division of adult parole.
PAGE 3-SENATE BILL 22-050 (5) "INTERNAL PROGRAM " MEANS A REHABILITATION AND WORK
PROGRAM THAT IS PROVIDED INSIDE A DEPARTMENT FACILITY
, IS
ADMINISTERED BY THE DIVISION
, AND MAY BE IN PARTNERSHIP WITH
EMPLOYERS OUTSIDE OF DEPARTMENT FACILITIES
. "INTERNAL PROGRAM"
DOES NOT INCLUDE EDUCATIONAL SERVICES OR OTHER PRODUCTIVE
ACTIVITIES ADMINISTERED BY THE DIVISION OF ADULT PAROLE
.
(6) "P
ROGRAMS" MEANS EXTERNAL PROGRAMS AND INTERNAL
PROGRAMS
.
SECTION 6. In Colorado Revised Statutes, 17-24-106, amend (1)
introductory portion, (1)(b), (1)(d), (1)(e), (1)(f)(I), (1)(p), and (1)(r); and
repeal (1)(a) and (1)(c) as follows:
17-24-106. General powers of the division. (1) In addition to any
other powers granted to the division by this article 24, the division shall
have HAS the following powers:
(a) To provide programs which are profit-oriented, which generate
revenue for their operation and capital investment, and which partly
reimburse the general fund for the use of inmate labor for the expense of
adult correctional services;
(b) To develop to the extent possible, programs that provide forty
hours of work activity each week for all able-bodied offenders PROMOTE
SUCCESSFUL REHABILITATION
, REENTRY, AND REINTEGRATION INTO THE
COMMUNITY
;
(c) To develop programs that assume responsibility for training
offenders in general work habits, general work skills, and specific training
skills which increase the offenders' employment prospects when released;
(d) To acquire or purchase equipment, raw materials, supplies,
office space, insurance, and services and to engage the supervisory
personnel necessary to establish and maintain for
the state EXTERNAL
programs AND INTERNAL PROGRAMS at the state's correctional institutions
pursuant to law;
(e) To utilize the labor services of prisoners in the manufacture or
production of PRODUCE goods and services that are needed for the
PAGE 4-SENATE BILL 22-050 construction, operation, or maintenance of any office, department,
institution, or agency supported in whole or in part by the state, any political
subdivision of the state, or the federal government;
(f) (I) To sell all
goods and services, including capital construction
items, produced by the
INTERNAL programs to agencies supported in whole
or in part by the state, any political subdivision of the state, other states or
their political subdivisions, or the federal government; or
AND
(p) To sell Colorado state flags produced by the programs AN
INTERNAL PROGRAM
to retailers in this state at a price as near to the
prevailing wholesale market price and quality as is practical and to
individuals at retail price; however, the division must supply the
requirements of state agencies and political subdivisions of the state before
selling such flags as provided in this paragraph (p)
SUBSECTION (1)(p). The
price of flags to state agencies and political subdivisions of this state shall
MUST be determined pursuant to section 17-24-112.
(r) To utilize the labor services of prisoners in order to receive,
repair, and distribute surplus property pursuant to the powers and duties
provided in part 4 of article 82 of title 24, C.R.S.,
and to use such labor
services in order to receive, repair, sell, or otherwise dispose of surplus state
property as provided in section 17-24-106.6;
SECTION 7. In Colorado Revised Statutes, 17-24-110, amend (1)
and (2) as follows:
17-24-110. Financial payment incentives. (1) The division shall
establish a system of financial payments to serve as an incentive for more
effective and efficient performance of its programs FOR INMATES WHO
PARTICIPATE IN INTERNAL PROGRAMS
.
(2) The division shall be provided, from the
diagnostic services unit
of the division of adult parole
SHALL PROVIDE TO THE DIVISION personnel
testing services that perform a vocational assessment of work experience
and training needs; from the superintendent of each correctional institution,
offender labor services; and from the superintendent of each such
institution, security services at the work site, in addition to perimeter and
scheduled security, when the division and the superintendent determine
such additional services are reasonably necessary to ensure the safety of the
PAGE 5-SENATE BILL 22-050 public, the staff, and the offenders INMATES.
SECTION 8. In Colorado Revised Statutes, 17-24-112, amend (1)
as follows:
17-24-112. Pricing. (1) The division shall fix and determine the
prices at which all labor is performed and at which all goods and services
produced are sold. Such FOR INTERNAL PROGRAM LABOR , GOODS, AND
SERVICES
. THE prices for industry products shall
MUST be as near the
prevailing market prices for similar
QUALITY goods and services, andquality as is practical. Such THE prices, other than prices for agricultural
products, shall MUST not exceed the wholesale market prices for like articles
and products in the case of sales to the state or its political subdivisions, or
the prevailing retail market prices for like articles and products in the case
of sales to the general public.
SECTION 9. In Colorado Revised Statutes, amend 17-24-114 as
follows:
17-24-114. Provisions for inmates - rules. (1) The director,
IN
COLLABORATION WITH THE DEPARTMENT
, shall make all
DETERMINE
offender INMATE work assignments within the division. Each such offender
INMATE work assignment shall MUST take into account the diagnostic
services unit recommendation of employment training needs of the
offender, and
INMATE, the security classification of the offender INMATE as
determined by the superintendent of each correctional institution,
AND THE
REHABILITATION
, REENTRY, AND REINTEGRATION NEEDS OF THE INMATE .
(2) The director shall establish the rate of
compensation RATE for the
offenders INMATES working The director and the director of the division of
adult parole shall have the authority to make rules and regulations regarding
the method and time of compensation payments. A portion of such
compensation shall be paid to the division of adult parole to defray the cost
of operations for adult parole, and a portion of such compensation shall be
paid to each offender in relation to the number of hours worked, type of
work assignment, and quality of work performed IN INTERNAL PROGRAMS.
Payment rates shall MUST be established on an annual basis after review by
the joint budget committee and by appropriation of the general assembly.
No offender shall be compensated if he is placed in administrative or
punitive segregation or if he is able-bodied but THE DIRECTOR SHALL NOT
PAGE 6-SENATE BILL 22-050 COMPENSATE AN INMATE IF THE INMATE refuses to participate in an available
work REHABILITATION AND WORK program. or other productive activity. The
department will provide hygienic items to all inmates in administrative or
punitive segregation.
(3) The division of adult parole is empowered to grant earned time
allowances consistent with part 4 of article 22.5 of this title in relation to an
offender's work performance and evaluation, as recommended by the
director.
(4) The division has the power to establish rules and regulations
governing the employment, conduct, and management of offenders
INMATES while assigned to INTERNAL programs. All such rules and
regulations pertaining to the payment, employment, conduct, and
management of offenders shall INMATES MUST be published and posted for
offenders INMATES.
SECTION 10. In Colorado Revised Statutes, 17-24-122, amend
(1), (2), (3), (5), and (6); and repeal (4) and (8) as follows:
17-24-122. Agreements for the employment of inmates by
private entities. (1) The
DIVISION, IN COLLABORATION WITH THE
department, of corrections, working through the division,
is authorized to
enter into agreements with private persons or entities for the utilization of
inmate labor in the manufacturing, processing, or assembly of components,
finished goods, services, or product lines within facilities owned or leased
by the department TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR INMATES
THROUGH EXTERNAL PROGRAMS
. Such agreements shall be
ARE subject to
the prior review of the attorney general and the correctional industries
advisory committee.
(2) The
DIVISION, IN COLLABORATION WITH THE department, is
authorized to enter into agreements subject to state fiscal rules and the prior
review of the attorney general which THAT allow for PRIVATE PARTY
financing by the private contractor for equipment, raw materials, training
of workers, and operation of industries developed pursuant to the provisions
of this section. In any such agreement, the department may provide for the
recovery of the costs of providing facilities for the private contractor by
requiring the payment of rent for such facilities.
PAGE 7-SENATE BILL 22-050 (3) Agreements entered into pursuant to this section shall MUST
provide that any inmate assigned pursuant to section 17-24-114 (1) to work
as inmate labor AN EXTERNAL PROGRAM for a private person or entity which
THAT made such agreement pursuant to subsection (1) of this section shall
be IS an employee of the private person or entity and, notwithstanding
section 17-24-114 (2), such inmate shall be paid THE PRIVATE PERSON OR
ENTITY SHALL PAY
at least the federal
STATE minimum wage for the labor
performed. Such wages shall MUST be paid to the department of corrections
and shall be held in trust for the inmate in a revenue-producing account
until the inmate is paroled or discharged from custody. The provisions of AN
ACCOUNT FOR THE INMATE
. Section 8-40-301 (3), C.R.S., shall applyAPPLIES to any inmate employed by a private person or entity pursuant to
this section.
(4) Out of the wages held in trust for an inmate pursuant to
subsection (3) of this section, the department of corrections shall deduct up
to fifty percent of such wages to be used to defray the costs incident to the
inmate's confinement.
(5) Out of the INMATE'S wages, held in trust for an inmate pursuant
to subsection (3) of this section, and subsequent to the deduction made
pursuant to subsection (4) of this section, the department of corrections
shall deduct periodically for the following purposes and in the following
order of priority:
(a) Compensation of RESTITUTION FOR the victim of the crime
committed by the inmate for expenses actually and reasonably incurred as
a result of the injury to the person or property of the victim, including
medical expenses, loss of earning power, and any other pecuniary loss
directly resulting from the injury to the person or property or the death of
the victim, which a court of competent jurisdiction determines or has
determined to be reasonable and proper;
(a.5) Voluntary payment of such amounts to the victims assistance
and law enforcement fund established in section 24-33.5-506, C.R.S.,
as is
deemed appropriate by the executive director of the department; of
corrections; AND
(b) Payment of such amounts for the support of the inmate's
dependents as is deemed appropriate by the executive director of the
PAGE 8-SENATE BILL 22-050 department, of corrections, taking into account any court orders for such
support. and
(c) Payment of incidental PERSONAL expenses of the inmate while
the inmate is still in custody AS DEEMED APPROPRIATE BY THE EXECUTIVE
DIRECTOR
.
(6) Any amounts of money which
THAT remain in trust for the
inmate INMATE'S ACCOUNT after the deductions made pursuant to this
section shall MUST be paid to the inmate upon parole or discharge from
custody. The executive director of the department of corrections shall have
the discretion to pay to the inmate any amounts of money which remain in
trust for such inmate in installments over the period of one year from the
date of parole or discharge. If an inmate dies prior to discharge from
custody and the body goes unclaimed for more than five days, the amount
remaining in trust
THE INMATE'S ACCOUNT may be used to defray any costs
incurred by the state of Colorado in connection with the burial of such THE
inmate, and any amount remaining after burial costs have been paid or the body has been claimed shall
MUST be paid to the inmate's estate.
(8) In making offender work assignments pursuant to section
17-24-114, there shall be a presumption that the most fit and able inmates
shall be assigned by the director to a work assignment pursuant to this
section.
SECTION 11. In Colorado Revised Statutes, 17-24-125, amend
(4)(a) as follows:
17-24-125. Correctional industries at nonstate-owned facilities
- definitions. (4) (a) Each nonstate-owned prison facility operating an
inmate labor program shall hold wages earned by a state prisoner in trust for
the prisoner AN INMATE in a revenue-producing account FOR THE INMATE
until the prisoner INMATE is paroled or discharged from custody. Out of the
wages held in trust for a state prisoner AN INMATE pursuant to the provisions
of this paragraph SUBSECTION (4)(a), the nonstate-owned prison facility
shall make disbursements pursuant to the provisions of section 17-24-122
(4) and (5). Section 17-24-122 (6) shall also apply to any wages held in trust
for a state prisoner pursuant to this paragraph (a) SECTION 17-24-122 (5)
AND (6).
PAGE 9-SENATE BILL 22-050 SECTION 12. In Colorado Revised Statutes, amend 17-29-101 as
follows:
17-29-101. Legislative declaration. The general assembly hereby
finds and declares that the people of this state would benefit from a program
to reclaim and maintain the land and resources of public entities within this
state AN INMATE REHABILITATION AND WORK PROGRAM THAT PROMOTES
THAT PERSON
'S SUCCESSFUL REHABILITATION , REENTRY, AND
REINTEGRATION INTO THE COMMUNITY
; that the executive director has
custody over inmates both male and female,
who could be utilized as a labor
force in BENEFIT FROM such a program; that such a program would reinforce
the rehabilitation of such inmates, PROVIDES work skills and instill INSTILLS
a work ethic in the inmates, thereby facilitating their readjustment to
society. and that work assignments involving physical labor will assist the
executive director and the wardens in the management of correctional
facilities under their supervision. To these ends, it is the purpose of this
article ARTICLE 29 to create within the department physical labor work
programs, including an intensive labor work program for all inmates
INTERNAL AND EXTERNAL REHABILITATION AND WORK PROGRAMS FOR
INMATES
sentenced to the department. including repeat offenders and paroleviolators as well as those inmates who demonstrate behavior inconsistent
with the rules of the department or any of its facilities, which utilize the
physical labor of inmates. The executive director or the executive director's
designee may appoint facility wardens, responsible for the administration
of correctional facilities, to perform the duties and functions set forth in this
article
ARTICLE 29.
SECTION 13. In Colorado Revised Statutes, 17-29-105, amend (1)
introductory portion and (1)(h); and repeal (2) as follows:
17-29-105. Minimum security off-grounds work programs -
authorized. (1) The executive director,
IN COLLABORATION WITH THE
DIVISION OF CORRECTIONAL INDUSTRIES
, may establish an off-grounds
EXTERNAL work program for any appropriate MEDIUM, minimum, and
minimum-restrictive inmates. The purpose of the program is to provide
employment opportunities for such inmates, to reinforce the rehabilitation
of such inmates, and to provide inmates with the necessary skills and
appropriate work ethics in reentering the work force and their communities.
Under the program, inmates may be assigned to appropriate work
assignments requested by
THROUGH EMPLOYMENT AGREEMENTS WITH any
PAGE 10-SENATE BILL 22-050 federal, state, or local governmental agency; or nonprofit agency;
Appropriate work assignments shall be determined by the executive
director. Requests from agencies and agency agreements with the
department shall OR PRIVATE PERSON OR ENTITY. THE EXECUTIVE DIRECTOR
SHALL DETERMINE APPROPRIATE WORK ASSIGNMENTS
. EMPLOYMENT
AGREEMENTS MUST
comply with criteria established by the executive
director pursuant to section 17-20-115; except that such criteria may include
but is not limited to the following requirements:
(h) That inmates be ARE compensated AT THE STATE MINIMUM
WAGE
, in accordance with the provisions of this title
TITLE 17, and with the
Colorado department of corrections inmate pay regulation including, but not
limited to, provisions with respect to deductions. and reimbursement for
care claims.
(2) No project shall be undertaken or agreement made for any
project that results in any personal benefit or profit for a private individual
as opposed to the public.
PAGE 11-SENATE BILL 22-050 SECTION 14. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-SENATE BILL 22-050