1997
HOUSE BILL 971046
BY REPRESENTATIVES Anderson, Kaufman, Mace, Owen, Reeser, Schwarz, and Snyder;
also SENATOR J. Johnson.
CONCERNING THE OPERATIONS OF THE DEPARTMENT OF CORRECTIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1722.5202
(1), Colorado Revised Statutes, 1986 Repl. Vol., is amended to
read:
1722.5202. Ticket to leave
discharge clothes, money, transportation.
(1) Ten days prior to the date on which any inmate
confined in a correctional facility is entitled to be discharged
or to be paroled from said correctional facility, the executive
director or his
THE EXECUTIVE DIRECTOR=S
designee shall give such inmate a ticket of leave therefrom, which
shall entitle him
THE INMATE to depart from said correctional facility. The executive
director or his
THE EXECUTIVE DIRECTOR=S
designee shall at the same time furnish such inmate with suitable
clothing and may furnish transportation, at the expense of the
state, from the place at which said correctional facility is located
to the place of his
THE INMATE=S
residence in Colorado, OR ANY OTHER PLACE IN COLORADO. or
any other state. The executive director
or his
THE EXECUTIVE DIRECTOR=S
designee shall also furnish to any inmate being discharged, other
than a parolee, one hundred dollars. The executive director or
his THE
EXECUTIVE DIRECTOR=S
designee may furnish any inmate being released on parole a reasonable
sum of money not to exceed one hundred dollars; except that, if
he THE
EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR=S
DESIGNEE furnishes less than one hundred dollars, the difference
between one hundred dollars and the amount furnished shall be
credited to an account for such parolee. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SUBSECTION (1), IF THE INMATE HAS PREVIOUSLY
BEEN RETURNED TO CUSTODY IN A CORRECTIONAL FACILITY AFTER BEING
PAROLED AND BEFORE THE COMPLETION OF HIS OR HER PERIOD OF PAROLE
AND PREVIOUSLY RECEIVED SUCH SUM OF MONEY, THE EXECUTIVE DIRECTOR
OR THE EXECUTIVE DIRECTOR=S
DESIGNEE SHALL NOT FURNISH A SUM OF MONEY TO THE INMATE. The
executive director or his
THE EXECUTIVE DIRECTOR=S
designee shall certify any amount so credited to the division
of adult services, and any such amount shall be distributed to
an inmate in accordance with rules promulgated by the department.
SECTION 2. 171105
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
171105. Powers of executive
director. (1) The executive
director shall have and exercise:
(g) THE AUTHORITY TO ISSUE ADMINISTRATIVE
WARRANTS, SOLELY FOR THE PURPOSE OF RETURNING TO A CORRECTIONAL
FACILITY, JAIL, OR COMMUNITY CORRECTIONS CENTER, OFFENDERS WHO
HAVE ESCAPED FROM THE CUSTODY AND CARE OF THE DEPARTMENT, COMMUNITY
CORRECTIONS, THE PAROLE BOARD, OR THE DIVISION OF ADULT SUPERVISION,
CONTAINING NOTICE TO APPROPRIATE LAW ENFORCEMENT AGENCIES THAT
THERE IS PROBABLE CAUSE TO BELIEVE THAT AN OFFENDER HAS ESCAPED
FROM CUSTODY;
(h) THE AUTHORITY TO ENTER INTO WRITTEN
AGREEMENTS WITH ANY LOCAL, STATE, REGIONAL, OR FEDERAL LAW ENFORCEMENT
AGENCY OPERATING WITHIN THE STATE TO ALLOW SUCH AGENCIES AND THE
DEPARTMENT TO PROVIDE PERSONNEL OR OPERATIONAL SUPPORT TO ONE
ANOTHER, IF DEEMED AVAILABLE BY THE EXECUTIVE DIRECTOR, IN SUPPORT
OF EMERGENCY LAW ENFORCEMENT OPERATIONS IN COLORADO;
(i) THE AUTHORITY TO ENTER INTO WRITTEN
AGREEMENTS WITH ANY LOCAL, STATE, REGIONAL, OR FEDERAL LAW ENFORCEMENT
AGENCY OPERATING WITHIN THE STATE TO PERMIT DEPARTMENT PERSONNEL
TO ASSIST IN APPREHENDING OFFENDERS WHO HAVE ESCAPED FROM THE
CUSTODY OF THE DEPARTMENT.
SECTION 3. 1611308
(2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
1611308. Custody of department
of corrections procedure. (2) Any
person sentenced pursuant to subsection (1) of this section shall
initially be confined in the diagnostic center, as defined in
section 1740101 (1.5), C.R.S., UNLESS OTHERWISE AUTHORIZED
BY THE EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR=S
DESIGNEE, to undergo evaluation and diagnosis to determine whether
such person should be confined in a correctional facility or any
other state institution, or whether such person should participate
in a rehabilitation program as provided by law; except that no
person subject to the provisions of section 1611301
(2) shall serve such person's sentence in any state correctional
facility.
SECTION 4. The
introductory portion to 1740103 (1), Colorado Revised
Statutes, 1986 Repl. Vol., as amended, is amended to read:
1740103. Examination of
offenders report. (1) As
soon as possible after July 1, 1974, each offender entering the
diagnostic center shall receive appropriate diagnostic services,
and each offender's treatment and employment needs shall be identified.
Information provided pursuant to section 1740104
shall be considered in structuring the rehabilitation program.
An offender shall be assigned to the ASSESSMENT program for a
period not to exceed sixty days; except that an offender may be
held for an additional thirty days upon approval of the executive
director. Upon completion of the recommended rehabilitation report,
it shall be transmitted by the superintendent to the executive
director, who, within fifteen days, shall cause the offender to
be:
SECTION 5. 1729101,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
1729101. 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; that
the executive director of the department of
corrections has in
his custody OVER inmates, BOTH MALE
AND FEMALE, who could be utilized as a labor force in such a program;
that such a program would help
REINFORCE THE REHABILITATION OF SUCH INMATES, PROVIDE WORK SKILLS,
AND instill 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 superintendents
in the management of correctional facilities under their supervision.
To these ends, it is the purpose of this article to create within
the department a reclamation program
PHYSICAL LABOR WORK PROGRAMS, INCLUDING AN INTENSIVE LABOR WORK
PROGRAM FOR ALL INMATES SENTENCED TO THE DEPARTMENT, INCLUDING
REPEAT OFFENDERS AND PAROLE VIOLATORS AS WELL AS THOSE INMATES
WHO DEMONSTRATE BEHAVIOR INCONSISTENT WITH THE RULES OF THE DEPARTMENT
OR ANY OF ITS FACILITIES, which utilizes
UTILIZE the physical labor of inmates. THE EXECUTIVE DIRECTOR
OR THE EXECUTIVE DIRECTOR'S DESIGNEE MAY APPOINT FACILITY SUPERINTENDENTS,
RESPONSIBLE FOR THE ADMINISTRATION OF CORRECTIONAL FACILITIES,
TO PERFORM THE DUTIES AND FUNCTIONS SET FORTH IN THIS ARTICLE.
SECTION 6. 1729103,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
1729103. Executive director
to establish work program. (1) The
executive director shall
MAY establish a
AN INTENSIVE LABOR work program AT ALL FACILITIES, which
utilizes UTILIZING the physical labor
of ablebodied offenders, which will be directed toward the
reclamation AND MAINTENANCE of the
land and resources, of this state,
including but not limited to the resources
of the department, THOSE OF ANY FEDERAL,
STATE, OR LOCAL GOVERNMENTAL AGENCY OR NONPROFIT AGENCY WITHIN
THIS STATE, and which will be administered by the various superintendents
RESPONSIBLE FOR THE ADMINISTRATION of the
ANY correctional facilities
FACILITY. Such INTENSIVE LABOR work program shall be operated
on an incentive basis so that an offender assigned to the INTENSIVE
LABOR work program is able to demonstrate
WHO DEMONSTRATES that he OR SHE is willing to modify his OR HER
behavioral patterns, to cooperate in his OR HER rehabilitation,
and to learn BOTH A WORK ETHIC AND a job skill BECOMES ELIGIBLE
FOR REASSIGNMENT FROM THE INTENSIVE LABOR WORK PROGRAM.
(2) Immediately after the evaluation and
diagnosis required by section 1611308 (2), C.R.S.,
AND INITIAL PLACEMENT AT A CORRECTIONAL FACILITY, each
EVERY ablebodied offender shall
wherever practicable, MAY, BY DEPARTMENTAL
CLASSIFICATION ACTION, be assigned to and shall participate in
a THE
INTENSIVE LABOR work program FOR A PERIOD OF NOT LESS THAN THIRTY
DAYS; EXCEPT THAT THE EXECUTIVE DIRECTOR OR THE SUPERINTENDENTS
RESPONSIBLE FOR THE ADMINISTRATION OF CORRECTIONAL FACILITIES
MAY WAIVE OR DELAY AN OFFENDER'S INITIAL ASSIGNMENT TO THE INTENSIVE
LABOR WORK PROGRAM FOR THE GOOD OF THE DEPARTMENT. OFFENDERS
ASSIGNED TO THE INTENSIVE LABOR WORK PROGRAM WILL BE COMPENSATED
AT A RATE SET IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT
CONCERNING OFFENDER PAY, INCLUDING BUT NOT LIMITED TO PROVISIONS
CONCERNING DEDUCTIONS AND REIMBURSEMENT FOR CARE CLAIMS. If
the executive director, in his discretion and upon the advice
of the superintendent, determines that the offender is eligible
to leave the work program, he shall assign the offender to the
division of correctional industries, the director of which shall
make subsequent assignments to such educational or vocational
programs as are consistent with the diagnosis and evaluation conducted
pursuant to article 40 of this title.
(3) The executive director is specifically
authorized to assign such other ablebodied offenders whose
behavior is inconsistent with the rules established by the executive
director OR THE EXECUTIVE DIRECTOR'S DESIGNEE to the INTENSIVE
LABOR work program for such periods of time as may best serve
the offenders and assist the executive director in the management
of correctional facilities under his
THE supervision OF THE EXECUTIVE DIRECTOR. ELIGIBILITY FOR REASSIGNMENT
FROM THE INTENSIVE LABOR WORK PROGRAM TO SUCH EDUCATIONAL OR VOCATIONAL
WORK PROGRAMS AS ARE CONSISTENT WITH THE DIAGNOSIS AND EVALUATION
CONDUCTED PURSUANT TO ARTICLE 40 OF THIS TITLE WILL BE DETERMINED
BY DEPARTMENTAL CLASSIFICATION ACTION AFTER REVIEWING THE OFFENDER'S
WILLINGNESS TO MODIFY BEHAVIORAL PATTERNS, TO COMMIT TO COOPERATING
IN REHABILITATION, AND TO LEARN BOTH A WORK ETHIC AND A JOB SKILL.
OFFENDERS ASSIGNED TO THE INTENSIVE LABOR WORK PROGRAM PURSUANT
TO THIS SECTION WILL ALSO BE COMPENSATED AT A RATE SET IN ACCORDANCE
WITH THE REGULATIONS CONCERNING OFFENDER PAY PROMULGATED BY THE
DEPARTMENT.
(4) The executive director shall establish
rules to implement this article.
SECTION 7. 171109
(2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
171109. Duties and functions
of the superintendent. (2) (a) The
superintendent of each correctional facility should, wherever
possible, take such measures as are reasonably necessary to restrict
the confinement of any person with known past or current affiliations
or associations with any gang,
SECURITY THREAT GROUP, as defined in paragraph (b) of this subsection
(2), so as to prevent contact with other inmates at such facility.
The superintendent should, wherever possible, also take such
measures as are reasonably necessary to prevent recruitment of
new gang
SECURITY THREAT GROUP members from among the general inmate population.
(b) For the purposes of this subsection
(2), unless the context otherwise requires, Agang@
ASECURITY
THREAT GROUP@
means a group of three or more individuals with a common interest,
bond, or activity characterized by criminal or delinquent conduct
engaged in either collectively or individually.
SECTION 8. 1727105
(2) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
1727105. Authority to place
offenders in community corrections programs.
(2) (b) The executive director of the department
of corrections shall refer for placement in a community corrections
program any offender who is not serving a sentence imposed
pursuant to FOR AN OFFENSE REFERRED
TO IN section 1611309, C.R.S., and who has displayed
acceptable institutional behavior, sixteen months prior to such
offender's parole eligibility date, unless such offender has an
active felony warrant or detainer or has refused community placement.
The executive director shall refer any other offender who has
displayed acceptable institutional behavior to a community corrections
program one hundred eighty days prior to such offender's parole
eligibility date, unless such offender has an active felony warrant
or detainer or has refused community placement.
SECTION 9. Part
2 of article 2 of title 17, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
172201.5. Study of parole
system. (1) THE LEGISLATIVE
COUNCIL SHALL CONDUCT A STUDY OF THE PAROLE SYSTEM OF THE STATE
OF COLORADO. SAID STUDY SHALL:
(a) EXAMINE THE STRUCTURE AND COMPOSITION
OF THE BOARD, AND THE PROJECTED INCREASE IN THE WORKLOAD AND THE
SIZE OF THE BOARD;
(b) EVALUATE THE ROLE AND THE IMPACT OF
PAROLE SUPERVISION ON THE PROJECTED INCREASED WORKLOAD OF THE
BOARD; AND
(c) EXAMINE THE OPERATIONS OF THE BOARD
AND EXPLORE ALTERNATIVE MODES OF OPERATION.
(2) BASED UPON THE FINDINGS OF THE PORTION
OF THE STUDY PERFORMED PURSUANT TO SUBSECTION (1) OF THIS SECTION,
THE LEGISLATIVE COUNCIL STAFF SHALL INCLUDE IN THE STUDY:
(a) RECOMMENDATIONS CONCERNING HOW THE
PROJECTED GROWTH OF THE BOARD CAN BE LIMITED;
(b) RECOMMENDATIONS REGARDING THE FUTURE
OF MANDATORY PAROLE, AND WHETHER AND HOW THE CURRENT SYSTEM CAN
BE IMPROVED TO INCREASE PUBLIC SAFETY AND LOWER COSTS; AND
(c) RECOMMENDATIONS CONCERNING ALTERNATIVE
METHODS OF CONDUCTING PAROLE HEARINGS AND PAROLE REVIEWS TO SAVE
FUTURE MANPOWER AND OPERATING EXPENSES.
(3) THE LEGISLATIVE COUNCIL SHALL CONDUCT
THE STUDY WITHIN EXISTING APPROPRIATIONS. A FINAL REPORT OF THE
FINDINGS AND RESULTS OF THE STUDY SHALL BE PRESENTED TO THE LEGISLATIVE
COUNCIL, AND TO ANY OTHER COMMITTEE DESIGNATED BY THE COUNCIL,
NO LATER THAN AUGUST 1, 1998.
SECTION 10. Repeal.
Part 4 of article 2 of title 17, Colorado Revised Statutes, 1986
Repl. Vol., as amended, is repealed.
SECTION 11. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO