First Regular Session
Sixty-first General Assembly
LLS NO. 970645.01D DFH
HOUSE BILL 971310
STATE OF COLORADO
BY REPRESENTATIVE Pankey;
also SENATOR Mutzebaugh.
STATE, VETERANS &
A BILL FOR AN ACT
CONCERNING THE CREATION OF VOCATIONAL OPPORTUNITY
PROGRAMS FOR PRISONERS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Directs the division of correctional industries to create a vocational opportunity program to provide additional opportunities for jobrelated training of offenders. Authorizes the division to contract with public and private institutions of higher education or private nonprofit organizations to carry out such job training. Authorizes the division to enter into contracts, agreements, and memoranda of understanding with state and local governments to provide work or services through inmate labor. Authorizes the division to pay an inmate participating in the vocational opportunity program not less than 25% of the hourly minimum wage nor more than 100% of the hourly minimum wage, as determined by the director. Specifies certain deductions to be taken out of the inmate's wages, including living expenses and the costs of the vocational opportunity program.
Requires the director of the division to conduct
an inventory of inmates to identify potential teachers and job
skills and to evaluate the appropriate training for the inmate.
Allows the products of individual prisoner enterprise, hobby,
craft, or art to be marketed to the public. Authorizes the director
to hold the earnings from such marketing efforts in trust for
the inmate after deduction of expenses.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 24 of title 17, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
VOCATIONAL OPPORTUNITY PROGRAM
1724201. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS THAT DUE TO AN EIGHTYFIVE PERCENT PRISONER RECIDIVISM RATE, THERE IS A NEED TO IMPROVE THE REHABILITATIVE CHARACTER OF THE PRISONS IN THIS STATE. THE GENERAL ASSEMBLY FINDS THAT ONE OF THE FACTORS IN THE HIGH RATE OF RECIDIVISM IS THAT WHEN FORMER PRISONERS RETURN TO SOCIETY THEY LACK JOB SKILLS, TRAINING, OR WORK EXPERIENCE THAT CAN LEAD TO EMPLOYMENT. THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE PURPOSE OF THIS PART 2 IS TO DEVELOP A VOCATIONAL OPPORTUNITY PROGRAM IN THE PRISONS THAT EMPHASIZES GOOD WORK HABITS, DEVELOPS SKILLS, AND TRAINS INMATES TO BECOME PRODUCTIVE CITIZENS OF THE STATE. IN ADDITION, THE PROGRAM DEVELOPED SHOULD PAY THE INMATE A FAIR WAGE THAT CAN BE APPLIED TO THE INMATE'S LIVING EXPENSES AND THE EXPENSES OF THE TRAINING PROGRAM WHILE ALSO GIVING THE INMATE AN INCENTIVE TO WORK. THE GENERAL ASSEMBLY ALSO FINDS THAT AUTHORIZING THE USE OF CONTRACTS WITH LOCAL GOVERNMENTS, PUBLIC AND PRIVATE SCHOOLS, AND NONPROFIT ORGANIZATIONS WILL ENABLE THE DIVISION OF CORRECTIONS TO DEVELOP EFFECTIVE VOCATIONAL OPPORTUNITY PROGRAMS.
1724202. Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DIVISION" MEANS THE DIVISION OF CORRECTIONAL INDUSTRIES.
(2) "VOCATIONAL OPPORTUNITY PROGRAM" MEANS THE JOB TRAINING PROGRAM DEVELOPED AND IMPLEMENTED PURSUANT TO THIS PART 2.
1724203. Inventory of skills and talents. THE DIRECTOR OF THE DIVISION SHALL DEVELOP AN INVENTORY THAT SURVEYS EACH PRISONER'S SKILLS, TALENTS, AND INTERESTS. THE PURPOSE OF THE SURVEY SHALL BE TO IDENTIFY WHETHER INMATES HAVE TEACHING SKILLS OR PARTICULAR JOB SKILLS THAT THEY COULD USE TO TEACH OTHER INMATES AND TO EVALUATE THE APPROPRIATE TRAINING OR VOCATIONAL OPPORTUNITY PROGRAM FOR THE INMATE. IN PLACING AN INMATE IN A VOCATIONAL OPPORTUNITY PROGRAM PURSUANT TO SECTION 1724204, THE DIVISION SHALL CONSIDER THE INMATE'S PROGRESS IN CORRECTIONAL EDUCATION PROGRAMS OPERATED PURSUANT TO ARTICLE 32 OF THIS TITLE AND WHETHER THE VOCATIONAL OPPORTUNITY PROGRAM CAN BE COORDINATED WITH THE INMATE'S CORRECTIONAL EDUCATION PROGRAM.
1724204. Vocational opportunity program created contracts. (1) THE VOCATIONAL OPPORTUNITY PROGRAM FOR OFFENDERS IS HEREBY CREATED WITHIN THE DIVISION OF CORRECTIONAL INDUSTRIES.
(2) THE DIVISION, IN IMPLEMENTING THE VOCATIONAL OPPORTUNITY PROGRAM, MAY CONTRACT WITH PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION OR WITH PRIVATE NONPROFIT ORGANIZATIONS IN THE STATE TO INSTRUCT OFFENDERS IN JOBRELATED SKILLS, INCLUDING BUT NOT LIMITED TO SUCH AREAS AS CATERING, CULINARY ARTS, TAILORING, WOODWORKING, CARPENTRY, CONSTRUCTION, GARDENING, AND AGRICULTURAL WORK, INCLUDING THE RAISING OF CROPS AND ANIMAL HUSBANDRY.
(3) THE DIVISION, IN IMPLEMENTING THE VOCATIONAL OPPORTUNITY PROGRAM, MAY ENTER INTO CONTRACTS, AGREEMENTS, AND MEMORANDA OF UNDERSTANDING WITH THE STATE OR ANY AGENCY OR POLITICAL SUBDIVISION OF THE STATE TO PROVIDE WORK OR SERVICES TO THE GOVERNMENTAL ENTITY THROUGH LABOR PROVIDED BY INMATES PARTICIPATING IN THE VOCATIONAL OPPORTUNITY PROGRAM. IN DETERMINING WHETHER TO INCORPORATE A SPECIFIED TYPE OF LABOR OR SERVICE INTO THE VOCATIONAL OPPORTUNITY PROGRAM, THE DIVISION SHALL EVALUATE THE OPPORTUNITIES FOR PROVIDING LABOR AND SERVICES TO GOVERNMENT ENTITIES AT A PROFIT. THE TYPES OF WORK OR SERVICES DEVELOPED UNDER THIS SUBSECTION (3) MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, SUCH SERVICES AS GROUNDS MAINTENANCE, TRASH REMOVAL, CONSTRUCTION, INCLUDING HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE AND BEAUTIFICATION, AND SUPPLYING LABOR IN CASES OF NATURAL DISASTERS. THE VOCATIONAL OPPORTUNITY PROGRAM SHALL ALSO INCLUDE JOBS WITHIN THE PRISON SYSTEM, SUCH AS JANITORIAL SERVICE, PHYSICAL PLANT AND FACILITY MAINTENANCE, VEHICLE MAINTENANCE, FOOD SERVICE, LAUNDRY SERVICE, AND OTHER SERVICES.
(4) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE VOCATIONAL OPPORTUNITY PROGRAM BE COORDINATED WITH OTHER WORK PROGRAMS UNDER THIS ARTICLE 24 AND WITH THE CORRECTIONAL EDUCATION PROGRAMS UNDER ARTICLE 32 OF THIS TITLE.
1724205. Compensation of prisoners. (1) EACH PRISONER WHO IS ENGAGED IN PRODUCTIVE WORK IN A VOCATIONAL OPPORTUNITY PROGRAM UNDER THIS PART 2 SHALL RECEIVE COMPENSATION AS DETERMINED BY THE DIRECTOR. SUCH COMPENSATION SHALL BE IN ACCORDANCE WITH A GRADUATED SCHEDULE BASED ON QUANTITY AND QUALITY OF WORK PERFORMED AND SKILL REQUIRED FOR ITS PERFORMANCE, BUT IN NO EVENT SHALL SUCH COMPENSATION BE LESS THAN TWENTYFIVE PERCENT OF THE HOURLY STATE MINIMUM WAGE, NOR SHALL IT EXCEED ONE HUNDRED PERCENT OF THE HOURLY STATE MINIMUM WAGE. WAGES PAYABLE TO AN INMATE UNDER THIS PROGRAM SHALL BE PAID TO THE DEPARTMENT OF CORRECTIONS AND SHALL BE HELD IN TRUST FOR THE INMATE IN A REVENUEPRODUCING ACCOUNT UNTIL THE INMATE IS PAROLED OR DISCHARGED FROM CUSTODY.
(2) AFTER DEDUCTING AN AMOUNT AS DETERMINED BY THE DIRECTOR TO REFLECT A REASONABLE CONTRIBUTION BY THE INMATE TOWARD THE COSTS OF LIVING EXPENSES FOR FOOD, CLOTHING, AND SHELTER, THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT FROM THE WAGES HELD IN TRUST FOR AN INMATE PURSUANT TO SUBSECTION (1) OF THIS SECTION A REASONABLE AMOUNT TO DEFRAY THE COSTS INCIDENT TO THE INMATE'S PARTICIPATION IN THE VOCATIONAL OPPORTUNITY PROGRAM.
(3) IF THE DIRECTOR ENTERS INTO A CONTRACT PURSUANT TO SECTION 1724204 WITH THE STATE OR ANY AGENCY OR POLITICAL SUBDIVISION OF THE STATE, THE DIRECTOR SHALL INCLUDE INMATE COMPENSATION AS AN ITEM OF COST IN FIXING THE PRICE OF THE CONTRACT.
(4) OUT OF THE WAGES HELD IN TRUST FOR AN INMATE PURSUANT TO SUBSECTION (1) OF THIS SECTION, AND SUBSEQUENT TO THE DEDUCTION MADE PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT SHALL DEDUCT PERIODICALLY FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING ORDER OF PRIORITY:
(a) COMPENSATION OF 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;
(b) VOLUNTARY PAYMENT OF SUCH AMOUNTS TO THE VICTIMS ASSISTANCE AND LAW ENFORCEMENT FUND ESTABLISHED IN SECTION 2433.5506, C.R.S., AS IS DEEMED APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT;
(c) PAYMENT OF SUCH AMOUNTS FOR THE SUPPORT OF THE INMATE'S DEPENDENTS AS IS DEEMED APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, TAKING INTO ACCOUNT ANY COURT ORDERS FOR SUCH SUPPORT; AND
(d) PAYMENT OF INCIDENTAL EXPENSES OF THE INMATE WHILE THE INMATE IS STILL IN CUSTODY.
1724206. Sale of products of individual prisoners. PRODUCTS OF INDIVIDUAL PRISONER ENTERPRISE, HOBBY, CRAFT, OR ART MAY BE MARKETED TO THE PUBLIC IN ACCORDANCE WITH RULES SET BY THE DIRECTOR OF THE DIVISION. THE DIRECTOR SHALL HOLD THE AMOUNT EARNED BY THE INMATE IN TRUST IN A REVENUEPRODUCING ACCOUNT UNTIL THE INMATE IS PAROLED OR DISCHARGED FROM CUSTODY. THE DIRECTOR SHALL MAKE DEDUCTIONS FROM THE ACCOUNT FOR THE PURPOSES SET FORTH IN SECTION 1724205 (2) AND (4).
SECTION 2. 1724103 (4), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
1724103. Definitions. As used in this article, unless the context otherwise requires:
(4) "Programs" means the correctional industries programs AND THE VOCATIONAL OPPORTUNITY PROGRAM provided and administered by the division but does not include educational services or other productive activities administered by the division of adult services.
SECTION 3. 1724106 (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
1724106. General powers of the division. (1) In addition to any other powers granted to the division by this article, the division shall have the following powers:
(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, INCLUDING THE VOCATIONAL OPPORTUNITY PROGRAM PURSUANT TO PART 2 OF THIS ARTICLE;
SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.