HOUSE BILL 971244
BY REPRESENTATIVES George, McElhany, Dyer, Adkins, Grossman, Kaufman, Kreutz, Smith, Tool, Udall, Agler, Anderson, Arrington, Epps, Lamborn, Miller, Musgrave, Pankey, Salaz, and Schwarz;
also SENATORS Ament, Wham, J. Johnson, Dennis,
Mutzebaugh, Schroeder, Arnold, and Tebedo.
CONCERNING FACILITIES FOR THE HOUSING OF OFFENDERS
WITHIN THE CRIMINAL JUSTICE SYSTEM, AND, IN CONNECTION THEREWITH,
PROVIDING ADDITIONAL BEDS AND RELATED SUPPORTING FACILITIES OVER
THE NEXT FIVE YEARS AND MAKING APPROPRIATIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 171104.4
(3) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended, and the said 171104.4 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
171104.4. Future correctional
facility needs. (3) (b) Pursuant
to the provisions of part 14 of article 30 of title 24, C.R.S.,
the department of personnel shall contract with one or more persons
or firms to provide contract administration, oversight of the
various contractors, management and coordination services between
the various contractors and the department of corrections or between
the various contractors and the department of human services,
and such other project management services as may be required
to accomplish the construction of the correctional facility projects
authorized by this section and the juvenile facility projects
authorized in sections 15 (2) and 16 of House Bill 941340,
as enacted at the second regular session of the fiftyninth
general assembly, and as amended by House Bill 951352, enacted
at the first regular session of the sixtieth general assembly.
IF ANY CONTRACT FOR PROJECT MANAGEMENT SERVICES IS ENTERED INTO
PURSUANT TO THIS PARAGRAPH (b) TO ACCOMPLISH THE CONSTRUCTION
OF ANY OF THE CORRECTIONAL FACILITY PROJECTS AUTHORIZED IN SUBSECTION
(8) OF THIS SECTION, SAID CONTRACT SHALL INCLUDE A PROVISION SPECIFYING
THAT THE PERSONS OR FIRMS PROVIDING PROJECT MANAGEMENT SERVICES
PURSUANT TO SAID CONTRACT AND THE DEPARTMENT OF CORRECTIONS SHALL
HAVE JOINT RESPONSIBILITY FOR ESTABLISHING THE SCHEDULE FOR COMPLETION
OF THE CONSTRUCTION OF THE CORRECTIONAL FACILITY PROJECT OR PROJECTS,
AS APPLICABLE. The cost for contracting for such persons or firms
shall be paid out of the appropriations made by the general assembly
for the construction of the correctional facility projects authorized
by this section and the juvenile facility projects authorized
in sections 15 (2) and 16 of House Bill 941340, as enacted
at the second regular session of the fiftyninth general
assembly, and as amended by House Bill 951352, enacted at
the first regular session of the sixtieth general assembly.
(8) TO MEET THE STATE'S CORRECTIONAL FACILITY
NEEDS, BASED ON THE PROJECTIONS MADE BY THE LEGISLATIVE COUNCIL,
FOR THE NEXT FIVE YEARS AND SUBJECT TO THE PROVISIONS OF SECTION
171104.8, THE DEPARTMENT IS DIRECTED TO COMMENCE PLANNING
FOR THE CONSTRUCTION OF THE FOLLOWING NEW CORRECTIONAL FACILITIES
OR EXPANSIONS OF OR ADDITIONS TO EXISTING CORRECTIONAL FACILITIES:
(a) FOUR HUNDRED EIGHTY MINIMUM RESTRICTIVE
SECURITY BEDS AT A CORRECTIONAL FACILITY AT TRINIDAD;
(b) ONE HUNDRED NINETYTWO MINIMUM
RESTRICTIVE SECURITY BEDS IN TWO NINETYSIXBED HOUSING
UNITS AS ADDITIONS TO THE FOUR MILE CORRECTIONAL CENTER, TO REPLACE
THE EXISTING THREE HUNDRED BEDS IN LIVING UNITS 1 AND 2, INCLUDING,
UPON THE REPLACEMENT OF SAID EXISTING BEDS, THE DECOMMISSIONING
OF LIVING UNIT 1 AND THE RENOVATION OF LIVING UNIT 2 INTO PROGRAM
SPACE, FOR A TOTAL CAPACITY OF FOUR HUNDRED EIGHTYFOUR BEDS
AT THE CENTER;
(c) TWO HUNDRED NINETYTWO MINIMUM
RESTRICTIVE SECURITY BEDS IN THREE NINETYSIXBED HOUSING
UNITS AND A FOURBED MANAGEMENT UNIT AS ADDITIONS TO THE
BUENA VISTA MINIMUM COMPLEX, TO REPLACE THE EXISTING TWO HUNDRED
FOURTEEN BEDS IN MODULAR UNITS, FOR A TOTAL CAPACITY OF TWO HUNDRED
NINETYTWO MINIMUM RESTRICTIVE SECURITY BEDS AT THE COMPLEX;
(d) THE CENTRAL PLANT BUILDING SHELL,
THE BUILDOUT OF THE COOKTOSERVE FOOD SERVICE
OPERATION, AND THE CENTRAL WAREHOUSE AS ADDITIONS TO THE DENVER
WOMEN'S CORRECTIONAL FACILITY THAT ARE NECESSARY TO SUPPORT PHASE
II OF THE EXPANSION PROJECT AT THE FACILITY, THAT WILL INCLUDE
AN ADDITIONAL SIX HUNDRED FIFTYTWO BEDS; AND
(e) ONE HUNDRED EIGHTY BEDS AS AN ADDITION
TO THE YOUTH OFFENDER SYSTEM FACILITY ON THE GROUNDS OF THE COLORADO
MENTAL HEALTH INSTITUTE AT PUEBLO FOR A TOTAL CAPACITY OF FOUR
HUNDRED EIGHTY BEDS AT THE FACILITY.
(9) SUBJECT TO THE PROVISIONS OF SECTION
171104.8, THE DEPARTMENT IS DIRECTED TO COMMENCE PREPARATION
OF:
(a) THE SCHEMATIC DESIGN FOR PHASE II
OF THE EXPANSION PROJECT AT THE SAN CARLOS CORRECTIONAL FACILITY,
THAT INCLUDES TWO HUNDRED FIFTY MAXIMUM SECURITY BEDS IN SINGLE
OCCUPANCY CELLS; AND
(b) THE FACILITIES PROGRAM PLAN FOR A
TRAINING FACILITY ON THE GROUNDS OF THE COLORADO MENTAL HEALTH
INSTITUTE AT PUEBLO.
(10) SUBJECT TO THE PROVISIONS OF SECTION
171104.8, THE DEPARTMENT IS DIRECTED TO COMMENCE PLANNING
FOR THE CONSTRUCTION OF PHASE III OF THE CONSTRUCTION PROJECT
AT THE STERLING CORRECTIONAL FACILITY, CONSISTING OF SIXTYFOUR
ADMINISTRATIVE SEGREGATION, SIXTYFOUR CLOSE, FIVE HUNDRED
SEVENTYSIX MINIMUM, AND THREE HUNDRED EIGHTYFOUR MINIMUM
RESTRICTIVE SECURITY BEDS.
SECTION 2. 171104.3
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
171104.3. Correctional
facilities locations security level.
(1) The correctional facilities managed, supervised,
and controlled by the department pursuant to section 171104,
the location of such facilities, and the primary security level
of such facilities shall be as follows:
Correctional facility
Location Security level
Colorado state Fremont county Maximum/Ad. seg.
penitentiary
Centennial Fremont county Close
correctional
facility
Limon correctional Lincoln county Medium
facility
Arkansas Valley Crowley county Medium
correctional facility
Buena Vista Chaffee county Medium
correctional facility
Colorado Territorial Fremont county Medium
correctional facility
Fremont correctional Fremont county Medium
facility
Buena Vista Chaffee county Minimum
modular unit
restrictive
MINIMUM COMPLEX
Arrowhead Fremont county Minimum
correctional center restrictive
Four Mile Fremont county Minimum
correctional center restrictive
Prerelease Fremont county Minimum
correctional center restrictive
Skyline correctional Fremont county Minimum
center
Colorado correctional Jefferson county Minimum
center
Delta correctional Delta county Minimum
center
Rifle correctional Garfield county Minimum
center
Colorado correctional Chaffee county Minimum
alternative program
Colorado women's Fremont and Mixed
correctional facility Pueblo counties
Denver reception and City and county Mixed
diagnostic center of Denver
Pueblo minimum center Pueblo county Minimum
restrictive
San Carlos Pueblo county Mixed
CORRECTIONAL
facility
STERLING LOGAN COUNTY MIXED
CORRECTIONAL
FACILITY
TRINIDAD LAS ANIMAS MIXED
CORRECTIONAL COUNTY
FACILITY
DENVER WOMEN'S CITY AND COUNTY MIXED
CORRECTIONAL OF DENVER
FACILITY
SECTION 3. Part
1 of article 1 of title 17, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
171119. Lethal perimeter
security systems for correctional facilities governmental
immunity limitations. (1) THE
GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE INSTALLATION
AND OPERATION OF ELECTRIFIED, LETHAL PERIMETER SECURITY SYSTEMS
AT CERTAIN STATE CORRECTIONAL FACILITIES WILL ENHANCE THE SAFETY
OF THE CITIZENS OF THIS STATE AND WILL RESULT IN REDUCED COSTS
FOR OPERATING SUCH CORRECTIONAL FACILITIES.
(2) THE DEPARTMENT IS AUTHORIZED, THROUGH
ITS AGENTS AND CONTRACTORS, TO DESIGN AND CONSTRUCT ELECTRIFIED,
LETHAL PERIMETER SECURITY SYSTEMS AT CORRECTIONAL FACILITIES TO
BE MANAGED, OPERATED, SUPERVISED, AND CONTROLLED BY THE DEPARTMENT
IF THE DEPARTMENT DETERMINES THE USE OF SUCH SECURITY SYSTEMS
TO BE NECESSARY AND APPROPRIATE.
(3) THE DEPARTMENT, ANY AGENT OF THE DEPARTMENT,
OR CONTRACTOR HIRED BY THE DEPARTMENT FOR THE DESIGN AND CONSTRUCTION
OF AN ELECTRIFIED, LETHAL PERIMETER SECURITY SYSTEM AT A STATE
CORRECTIONAL FACILITY SHALL BE PROVIDED ALL PROTECTIONS OF GOVERNMENTAL
IMMUNITY PROVIDED TO PUBLIC EMPLOYEES BY ARTICLE 10 OF TITLE 24,
C.R.S., INCLUDING BUT NOT LIMITED TO THE PAYMENT OF JUDGMENTS
AND SETTLEMENTS, THE PROVISION OF LEGAL DEFENSE, AND THE PAYMENT
OF COSTS INCURRED IN COURT ACTIONS IN REGARD TO ANY AND ALL CLAIMS
ARISING FROM THE DESIGN AND CONSTRUCTION, CONSISTENT WITH THE
DESIGN APPROVED BY THE DEPARTMENT, OF THE LETHAL ASPECT OF SUCH
SECURITY SYSTEM.
(4) THE PROVISIONS OF SUBSECTION (3) OF
THIS SECTION SHALL BE CONSTRUED AS A SPECIFIC EXCEPTION FOR INDEPENDENT
CONTRACTORS HIRED TO DESIGN AND CONSTRUCT ELECTRIFIED, LETHAL
PERIMETER SECURITY SYSTEMS AT STATE CORRECTIONAL FACILITIES FROM
THE GENERAL EXCLUSION OF INDEPENDENT CONTRACTORS FROM THE PROTECTIONS
OF GOVERNMENTAL IMMUNITY PROVIDED IN ARTICLE 10 OF TITLE 24, C.R.S.
SECTION 4. 2475302
(2) (j), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2475302. Capital construction
fund capital assessment fees calculation.
(2) As of July 1, 1988, and July 1 of each year thereafter
through July 1, 1998, a sum as specified in this subsection (2)
shall accrue to the capital construction fund. The state treasurer
and the controller shall transfer such sum out of the general
fund and into the capital construction fund as moneys become available
in the general fund during the fiscal year beginning on said July
1. Transfers between funds pursuant to this subsection (2) shall
not be deemed to be appropriations subject to the limitations
of section 2475201.1. The amount which shall accrue
pursuant to this subsection (2) shall be as follows:
(j) On July 1, 1997, fifty million dollars,
PLUS SEVENTYEIGHT MILLION SEVEN HUNDRED EIGHTYFIVE
THOUSAND SIX HUNDRED SEVENTYFIVE DOLLARS PURSUANT TO H.B.
971244, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY; and
SECTION 5. Appropriation for
the 199798 fiscal year. (1) In
addition to any other appropriation made for the fiscal year beginning
July 1, 1997, there is hereby appropriated, out of any moneys
in the capital construction fund created in section 2475302,
Colorado Revised Statutes, not otherwise appropriated, to the
department of corrections, the following amounts:
(a) Twentynine million nine hundred
fifty thousand dollars ($29,950,000), or so much thereof as may
be necessary, for the construction of four hundred eighty minimum
restrictive security beds as authorized by section 171104.4
(8) (a), Colorado Revised Statutes.
(b) Seven million nine hundred twentytwo
thousand nine hundred sixtyseven dollars ($7,922,967), or
so much thereof as may be necessary, for the construction of one
hundred ninetytwo minimum restrictive security beds, the
decommissioning of living unit 1, and the renovation of living
unit 2, at the Four Mile correctional center as authorized by
section 171104.4 (8) (b), Colorado Revised Statutes.
(c) Fourteen million seventyeight
thousand seven hundred sixtyfour dollars ($14,078,764),
or so much thereof as may be necessary, for the construction of
two hundred ninetytwo minimum restrictive security beds
as authorized by section 171104.4 (8) (c), Colorado
Revised Statutes.
(d) Thirteen million one hundred fiftynine
seven hundred sixty dollars ($13,159,760), or so much thereof
as may be necessary, for the construction of the central plant
building shell and the central warehouse and the buildout
of the cooktoserve food service operation at the women's
correctional facility at the Denver reception and diagnostic center
at Denver as authorized by section 171104.4 (8) (d),
Colorado Revised Statutes.
(e) Eleven million eightyfive thousand
eight hundred twentyfour dollars ($11,085,824), or so much
thereof as may be necessary, for the construction of one hundred
eighty beds as authorized by section 171104.4 (8)
(e), Colorado Revised Statutes.
(f) Four hundred twentythree thousand
three hundred sixty dollars ($423,360), or so much thereof as
may be necessary, for the preparation of the schematic design
for phase II of the expansion project at the San Carlos facility
as authorized by section 171104.4 (9) (a), Colorado
Revised Statutes.
(g) One hundred sixtyfive thousand
dollars ($165,000), or so much thereof as may be necessary, for
the preparation of the facilities program plan for a training
facility on the grounds of the Colorado mental health institute
at Pueblo as authorized by section 171104.4 (9) (b),
Colorado Revised Statutes.
(h) Two million dollars ($2,000,000),
or so much thereof as may be necessary, for the planning for the
construction of sixtyfour administrative segregation, sixtyfour
close, five hundred seventysix minimum, and three hundred
eightyfour minimum restrictive security beds at the Sterling
correctional facility as authorized by section 171104.4
(10), Colorado Revised Statutes.
(2) The appropriations made in subsection
(1) of this section shall become available upon passage of this
act, and, if any appropriated project is initiated within the
fiscal year, the appropriations for the project shall remain available
until completion of the project or for a period of three years,
whichever comes first, at which time unexpended and unencumbered
balances shall revert to the capital construction fund.
SECTION 6. 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